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Laws of the Republic of Korea |
GENERAL PROVISIONSCHAPTER I
Amended by Act No. 10390, July 23, 2010
Article 1 (Purpose)
The purpose of this Act is to establish the recycling system for the resources used in electrical, electronic equipments, and vehicles in order to contribute to environmental conservation and national economic growth. This could be undertaken by placing restrictions on the use of hazardous substances, by encouraging their manufacturers to produce easily recyclable products, and facilitating the optimum recycling of wastes. Article 2 (Definitions)
The definitions of terms used in this Act are as follows:
1. The term "electrical and electronic equipment" means machines and apparatuses
(including components and parts) operated by electric
current or electromagnetic field;
2. The term "vehicle" means an automobile (including components and parts) as defined
in subparagraph 1 of Article 2 of the Automobile
Management Act;
3. The term "waste electrical and electronic equipment" means the electrical and electronic
equipment identified as waste as defined
in subparagraph 1 of Article 2 of the Wastes
Control Act;
4. The term "end-of-life vehicle" means an automobile retired or scrapped pursuant to
subparagraph 5 of Article 2 of the Automobile
Management Act;
5. The term "disposal" means either interim disposal or terminal disposal under
subparagraph 5 of Article 2 of the Wastes Control
Act;
ACT ON THE RESOURCE
CIRCULATION OF ELECTRICAL AND
ELECTRONIC EQUIPMENT
Laws on Green Growth, and Economic Investment in Korea 265
04_LawsConcerningGreenGrowth
6. The term "recycling" means reusing waste electrical and electronic equipment or
end-of-life vehicles or renewing such wastes or
vehicles for reuse, or converting the
condition of such wastes or vehicles into a reusable or recyclable condition;
7. The term "energy recovery" means activities of recovering energy, as defined in
subparagraph 1 of Article 2 of the Energy Act,
in accordance with the standards
prescribed by Ordinance of the Ministry of Environment.
Article 3 (Relations with Other Acts)
This Act shall take precedence over other Acts in regard to the promotion of recycling
of electronic and electronic equipment and
vehicles.
Article 4 (Responsibilities of State and Local Governments)
(1) The State shall establish policies on recycling of resources
with the aim of promoting
the recycling of electrical and electronic equipment and vehicles.
(2) The State shall develop and spread
the technologies applicable for inhibiting the use
of hazardous substances on electrical and electronic equipment or vehicles, enabling
the manufacturer to easily recycle products, and m and wastes thereof.
(3) Every local government shall take measures necessary
to facilitate the recycling of
waste electrical and electronic equipment and end-of-life vehicles within its jurisdiction
in compliance
with the State's policies under paragraph (1).
Article 5 (Responsibilities of Business Operators)
(1) Every manufacturer or importer
of electrical and electronic equipment and every
manufacturer or importer of vehicles shall exert efforts to minimize the use of
hazardous substances in the manufacturing or importation of equipments or vehicles
and cooperate with the State and local governments
in the measures promoting the
recycling of resources.
(2) Business operators who engage in recycling of waste electrical and electronic
equipment and vehicles shall maximize the recovery
of resources from them as much
as possible.
(3) Business operators who dispose of environmental pollutants in waste electrical and
electronic equipment or end-of-life vehicles
shall ensure minimal the environmental
impact them.
266 Ministry of Government Legislation
RESTRICTIONS ON USE OF HAZARDOUS SUBSTANCES ON ELECTRICAL AND
ELECTRONIC EQUIPMENT AND VEHICLESCHAPTER II
Article 6 (Citizens' Responsibility)
Every citizen shall make efforts to discharge waste electrical and electronic equipment
or those of vehicles in a proper manner
and shall cooperate with the State and local
governments in the measures taken by them in an effort to accomplish the purposes of
this Act.
Article 7 (Enhancement of International Cooperation)
The Minister of Environment and the Minister of Knowledge Economy shall make
efforts
to secure reciprocal recognition between states concerning matters related to the results
of analyses of hazardous substances
or the rates of recyclability, and shall take measures
for international cooperation in order to minimize the use of substances
highly harmful
to the environment at the stage of manufacturing electrical and electronic equipment and
vehicles and promote the
recycling of wastes.
Article 9 (Hazardous Substances subject to Restrictions on Use and Standards
for Contents thereof)
(1) In order to effectively facilitate the recycling of electrical and electronic equipment
and vehicles, all manufacturer or importer
of electrical and electronic equipment
(hereinafter referred to as a "manufacturer or importer of electrical and electronic
equipment")
specified by law as equipment that produce large amounts of wastes after
use and all manufacturer or importer of vehicles (hereinafter
referred to as a
"manufacturer or importer of vehicles"), shall comply with the standards for contents
of hazardous substances
(hereinafter referred to as "hazardous substances") as specified
by law at the stage of manufacturing, including heavy metals and
non-combustible
materials highly harmful to the environment. Provided, that the foregoing shall not
apply to products specified
by law as impossible to remove the hazardous substances
due to the characteristics of the products or that there is no substitute
available for
the hazardous substance, to products for research and development, and to products
for exportation.
(2) The Minister of Environment and the Minister of Knowledge Economy may jointly
Laws on Green Growth, and Economic Investment
in Korea 267
04_LawsConcerningGreenGrowth
determine and publicly disclose the analysis method used for the determination of
hazardous substances.
(2) Every manufacturer or importer of vehicles shall attain the annual rates of recyclability
prescribed by Presidential Decree
by using materials that are easily recycled, by
simplifying materials used, by indication of information about materials, by introducing
improvements in the ease of separation and dismantle of materials, and by other
activities for improvement of materials and structure.
(3) The Minister of Environment and the Minister of Knowledge Economy may provide
recommendations to a manufacturer or an importer
of electrical and electronic
equipment, if the manufacturer or importer violates any provision of the guidelines
under paragraph
(1).
Article 11 (Public Disclosure of Compliance with Restrictions on Use of
Hazardous Substances)
Every manufacturer or importer of electrical and electronic equipment and every
manufacturer or importer of vehicles shall conduct
a direct examination or assessment
to ensure compliance with the standards for contents of hazardous substances under Article
9
(1) or the annual rates of recyclability under Article 10 (2), and shall disclose the results
thereof to the public, as prescribed
by Presidential Decree.
Article 12 (Furnishing Information on Recycling and Proposals for Improvement
of Materials and Structure)
(1) When a manufacturer or importer of electrical and electronic equipment or a
manufacturer or importer of vehicles is demanded
by a person permitted to engage
in recycling of wastes under the provisions of Article 25 (5) 5 to 7 of the Wastes
268 Ministry
of Government Legislation
Control Act; a reported waste recycler under Article 46 of the same Act or a person
specified by Presidential Decree as qualified
to carry out efficient recycling works
(hereinafter referred to as a "recycler"); or an automotive dismantler under Article 25
(1) 2 or a person who engages in recycling end-of-life vehicles as defined in any
subparagraph of Article 32 (2) (hereinafter referred
to as an "end-of-life vehicle
recycler") to furnish him/her with information about the composition of materials or
the appropriate
recycling method (hereinafter refereed to as "information on recycling")
in order to promote the recycling of waste electrical and
electronic equipment or
end-of-life vehicles, the manufacturer or importer shall furnish him/her with such
information on recycling
to the extent that neither constitutes leakage of core technical
information nor undermines the protection of trade secrets, as
prescribed by Presidential
Decree: Provided, That it shall be deemed that such information on recycling has been
furnished when
the manufacturer or importer has furnished such information through
a recycling information network as a member of the network,
which shall be designated
and publicly notified by the Minister of Environment after consultation with the
Minister of Knowledge
Economy.
The Minister of Environment or the Minister of Knowledge Economy may require the
manufacturer or importer of electrical and electronic
products or the manufacturer or
importer of vehicles, to whom a recommendation has been given pursuant to Article 10
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Growth, and Economic Investment in Korea 269
RECYCLINGOF WASTE ELECTRICAL ANDELECTRONICEQUIPMENT ANDend-of-life VEHICLESCHAPTER
III
04_LawsConcerningGreenGrowth
(3) or 12 (3), to report as to whether he/she has followed the recommendation.
Article 14 (Efforts to Secure Safety and Durability by Improvement of Materials
and Structure)
(1) Every manufacturer or importer of electrical and electronic equipment and every
manufacturer or importer of vehicles shall,
when he/she intends to make improvements
on materials or structure of his/her products, make efforts to make the products safe
and durable so that such improvement of materials or structure shall not cause any
injury to users of the products.
(2) Every manufacturer or importer of electrical and electronic equipment, every
manufacturer or importer of vehicles, every waste
recycler of such equipment, and
every end-of-life vehicle recycler shall make efforts to reduce the content of hazardous
substances
in recycled products when the wastes from such products and vehicles
are processed into a recyclable state and make recycling of
such products and vehicles
easier.
SECTION 1 ELECTRICAL WASTE AND ELECTRONIC EQUIPMENT
Article 15 (Duty of Manufacturers or Importers to Recycle)
(1) Every manufacturer
or importer of electrical and electronic equipment or every person
commissioned to carry out recycling works as agent, in conducting
the recycling of
materials, shall comply with the methods and guidelines for recycling, as prescribed
for each product by Ordinance
of the Ministry of Environment.
(2) Any manufacturer or importer of electrical and electronic equipment, in the
performance of
its recycling duties under paragraph (1), may chose to collect its own
product wastes, or commission a recycler, or join a mutual
aid association engaged
in the recycling business under Article 21 (hereinafter referred to as a "mutual aid
association").
Article 16 (Rate and Quantity of Mandatory Recycling, etc.)
(1) The Minister of Environment shall determine and publicly notify
the ratio of mandatory
270 Ministry of Government Legislation
recycling quantity with regard to the quantity of each electrical and electronic equipment
released to the market each year (hereinafter
referred to as "mandatory recycling rate"),
as determined pursuant to the main sentence of Article 9 (1), considering the following
factors:
1. The quantity of electrical and electronic equipment released to the market by
manufacturers or importers of electrical and electronic
equipment;
2. The quantity of waste electrical and electronic equipment collected through the
separate collection system [including the quantity
of recyclable resources collected
through the separate collection system, as publicly announced by the Special
Metropolitan City
Mayor, each Metropolitan City Mayor, each Do governor, or
the governor of the Special Self-Governing Province (hereinafter referred
to as the
"Mayor/Do governor") pursuant to Article 13 (2) of the Act on the Promotion
of Saving and Recycling of Resources];
3. The actual performance of recycling of waste electrical and electronic equipment
and the size of recycling facilities; and
4. Other conditions for separate collection and the conditions for recycling, including
the current status of development of recycling
technology.
(2) The Minister of Environment shall, whenever he/she intends to determine the mandatory
recycling rate, refer the
case in advance to the Central Environmental Preservation
Advisory Committee under Article 37 (1) of the Framework Act on Environmental
Policy for deliberation.
(2) A person, whose plan for performance of mandatory recycling has been approved
pursuant to paragraph (1), shall submit a performance
report to the Minister of
Environment, as prescribed by Presidential Decree.
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Article 18 (Imposition and Collection of Recycling Charges on Electrical and
Electronic Equipment)
(1) If any manufacturer or importer of electrical and electronic equipment fails to perform
its duty of mandatory recycling under
Article 15, or in case it is a mutual aid association
which fails to perform this duty, the Minister of Environment shall charge
the expenses
for recycling of their waste, which does not form part of the mandatory recycling
quantity, plus an amount calculated
in accordance with the guidelines prescribed by
Presidential Decree within the limit of 30/100 of such expenses (hereinafter referred
to as "recycling charge for electrical and electronic equipment") .
(2) The guidelines on the charging of expenses incurred in
recycling the waste of electrical
and electronic equipment under paragraph (1) and the time and procedure for the
payment thereof
shall be prescribed by Presidential Decree.
(3) The Minister of Environment shall, if any person fails to pay the recycling charge
for electrical and electronic equipment within the term of payment, demand the person
to pay the charge within a given period of
time, which should be at least thirty days.
In case there is delay in payment, an additional charge at the rate of 5/100 of the
overdue recycling charge for electrical and electronic equipment (hereinafter referred
to as "surcharge") shall be imposed upon
such person.
(4) If a person fails to pay the recycling charge for electrical and electronic equipment
and the surcharge within
the given period, after having received a demand note under
paragraph (3), such charge and surcharge shall be collected in accordance
with the
procedure for collection against default in national taxes.
(5) The recycling charge for electrical and electronic equipment
(including the surcharge;
hereinafter the same shall apply) shall be booked as revenue in the special account
for environmental
improvement under the Act on Special Accounts for Environmental
Improvement.
(6) The Minister of Environment may, when he/she entrusts the Korea Environmental
Management Corporation under the Korea Environmental
Management Corporation Act
(hereinafter referred to as the "Corporation") or any other specialized institution
concerned with the
affairs related to the collection of the recycling charge for electrical
and electronic equipment pursuant to Article 42 (2), pay
part of the collected amount
of such recycling charge as the expenses for such collection as prescribed by Presidential
Decree.
272 Ministry of Government Legislation
Article 19 (Use of Recycling Charge on Electrical and Electronic Equipment)
Recycling charges on electrical and electronic equipment
shall be spent for the following
purposes:
1. Granting aid to projects for recycling of wastes (referring to the wastes defined in
subparagraph 1 of Article 2 of the Wastes
Control Act; hereinafter the same shall apply)
or to facilities installed for waste disposal;
2. Research and development of technology for efficient recycling of materials or reduction
of wastes;
3. Granting aid to local governments in its collection, recycling, and disposal of wastes;
4. Purchasing and stockpiling of recyclable resources;
5. Granting aid to projects that facilitate recycling of resources;
6. Paying the expenses incurred in the collection of recycling charges on electrical and
electronic equipment.
Article 20 (Duty of Distributors of Electrical and Electronic Equipment to Collect
Back)
(1) Every distributor of electrical and electronic equipment specified in accordance with
the main sentence of Article 9 (1) (hereafter
referred to as a "distributor" in this Article)
shall collect, without consideration, the product identified as identical in type
as the
new product being delivered to a purchaser and which is to be removed and disposed
of as waste (including those supplied
by any other manufacturer or importer, as long
as they are of the same type) along with the packing materials of the new product.
Provided, that the foregoing shall not apply if the purchaser does not want such product
disposed of as waste.
(2) Each distributor shall carry and deliver the collected waste of electrical and electronic
equipment to the waste depots installed
in each district by their manufacturer or
importer of electrical and electronic equipment or a mutual aid association and reuse
the wastes for his/her own purpose or commission a recycler to recycle them.
(3) A distributor who reuses collected waste electrical
and electronic equipment for his/her
own purpose or commissions a recycler to recycle them, in accordance with paragraph
(2), shall
disclose the following matters to the manufacturer or importer of electrical
and electronic equipment or the mutual aid association
concerned, as prescribed by
Ordinance of the Ministry of Environment:
1. The type and quantity of the waste electrical and electronic equipment collected;
Laws on Green Growth, and Economic Investment
in Korea 273
04_LawsConcerningGreenGrowth
2. The trade name and address of the commissioned recycler and the name of its
representative (applicable only in case where the
recycling is commissioned to a
recycler).
(4) Every manufacturer or importer of electrical and electronic equipment, or a mutual
aid association shall designate the wastes
depot under paragraph (2) and shall notify
distributors of the designated depot.
(5) Matters concerning the standards for classification of products of an identical type
under paragraph (1) shall be prescribed
by Ordinance of the Ministry of Environment.
Article 21 (Establishment of Mutual Aid Association for Recycling Business)
(1) In
order to perform the duty of recycling under Article 15, manufacturers or importers
of electrical and electronic equipment may establish
a mutual aid association for
recycling business, which shall perform recycling of electrical and electronic
equipment.
(2) The mutual aid association shall be a legal entity.
(3) The mutual aid association shall be duly formed upon completion of the
registration
of its incorporation with the registry office having jurisdiction over its principal place
of business.
Article 22 (Authorization of Mutual Aid Association)
(1) Persons who intend to establish a mutual aid association shall file an
application for
authorization with the Minister of Environment, stating the following matters:
1. Articles of association of the legal entity (which shall contain provisions concerning
purposes, scope of business, membership,
allotted contributions, and other matters
relating to management of the association);
2. A business plan to perform as an agency of mandatory recycling;
3. Agreements on participation signed by manufacturers or importers of electrical and
electronic equipment, who join the mutual aid
association;
4. The quantity of mandatory recycling allotted to each member;
5. Details of its own recycling facilities (applicable only to associations that own
recycling facilities).
(2) The Minister of Environment shall, whenever he/she grants an authorization pursuant
to paragraph (1), issue public notice thereof.
(3) Whenever a person who has obtained an authorization on the mutual aid association
274 Ministry of Government Legislation
concerned intends to amend any provision of the Articles of association or any matter
specified by Ordinance of the Ministry of
Environment, he/she shall obtain an approval
for such amendment.
Article 23 (Allotted Contributions)
(1) Manufacturers or importers of electrical and electronic equipment shall, when they
join a mutual aid association, pay their
respective allotted contribution, based on the
expenses incurred in recycling of waste electrical and electronic equipment under
Article 18 (2).
(2) The guidelines for calculation of allotted contributions payable to an association under
paragraph (1) and the procedure for
payment of such contributions shall be stipulated
by the Articles of association.
(3) Articles 15 (1) and 17 shall apply mutatis mutandis to cases where a mutual aid
association performs mandatory recycling as
agent.
Article 24 (Mutatis Mutandis Application of Civil Act)
Except as provided for otherwise by this Act, the provisions relevant
to incorporated
associations in the Civil Act shall apply mutatis mutandis to mutual aid associations.
SECTION 2 end-of-life VEHICLES
Article 25 (Observance of Recycling Rate of end-of-life vehicles)
(1) The following persons shall observe the recycling rate prescribed
by Presidential
Decree (hereinafter referred to as "recycling rate"), when they dispose of the vehicles
specified in the main sentence
of Article 9 (1):
1. Manufacturers or importers of vehicles;
2. Persons who run a business of dismantling vehicles as defined in subparagraph
9 of Article 2 of the Automobile Management Act
(hereinafter referred to as
"automotive dismantlers");
3. Persons who run a business of recycling vehicle scraps as defined in Article 32
(2) 1(hereinafter referred to as "vehicle scrap
recyclers");
4. Persons who run a business of recycling residual scraps as defined in Article 32
(2) 2(hereinafter referred to as "residual scrap
recyclers");
5. Persons who run a business of disposing of waste gas as defined in Article 32
Laws on Green Growth, and Economic Investment in
Korea 275
04_LawsConcerningGreenGrowth
(2) 3 (hereinafter referred to as "waste gas disposers").
(2) Persons who fall under any subparagraph of paragraph (1) shall perform
their
obligations as stated in the following subparagraphs so as to attain the recycling rate:
1. Every manufacturer or importer of vehicles shall develop technologies applicable
to recycling of end-of-life vehicles, and shall
also provide technical assistance to
automotive dismantlers, vehicle scrap recyclers, etc.;
2. Every automotive dismantler shall ensure to recycle resources from end-of-life
vehicles as much as possible, and shall transfer
the residues of end-of-life vehicles,
after collecting recyclable resources, to vehicle scrap recyclers for further recycling.
In this instance, every automotive dismantler shall make sure that the transferred
scraps do not contain any wastes other than those
generated from end-of-life
vehicles;
3. Every vehicle scrap recycler shall dismantle the residues of end-of-life vehicles
transferred pursuant to subparagraph 2 above
and collect metals or similar materials
from them as much as possible, and thereafter transfer the recyclable residual scraps
to
residual scrap recyclers for further recycling;
4. Every residual scrap recycler shall collect metals or recover energy from residual
scraps as much as possible;
5. Every gas waste disposer shall treat gases that contain substances that may induce
any change in climate or ecosystem, as defined
in subparagraph 1-2 of Article
2 of the Clean Air Conservation Act (hereinafter referred to as "substances affecting
climate/ecosystem"),
for recycling or dispose of them for public safety.
(3) If the total costs for the disposal of a vehicle (hereinafter referred to
as "expenses
for disposal and recycling of end-of-life vehicles") that shall be scrapped under Article
65 (2) of the Automobile
Management Act, including disposal of substances that induce
climate change and the expenses used for recycling of residual scraps
therefrom
(excluding residual scraps generated from scrapped imported vehicles) exceeds the
price of the vehicle subject to scrapping
(hereinafter referred to as "price of end-of-life
vehicles"), the manufacturer or importer of the vehicle concerned shall collect
the
vehicle, without consideration, from the person who requests scrapping of the vehicle
under a contract or a similar agreement
made with the automotive dismantler, vehicle
scrap recycler, or residual scrap recycler involved, as prescribed by law. Provided,
that the foregoing shall not apply when an automotive dismantler collects such excess
amount of expenses for disposal or recycling
of the end-of-life vehicle from the owner
of the end-of-life vehicle in accordance with the proviso to Article 65 (2) of the
276
Ministry of Government Legislation
Automobile Management Act.
(4) Every manufacturer or importer of vehicles shall, whenever he/she scraps a vehicle
collected without consideration in accordance
with paragraph (3) above from a person
who wants it scrapped, observe the recycling rate applicable to the collected vehicle.
Article
26 (Recycling Method of end-of-life Vehicles)
The persons who fall under any subparagraph of Article 25 (1) shall recycle or make
it easier to recycle end-of-life vehicles in accordance with the methods and guidelines
for recycling of end-of-life vehicles as
prescribed by Presidential Decree.
Article 27 (Separate Storage of Substances Affecting Climate/Ecosystem)
(1) Every automotive
dismantler shall store substances that affect climate/ecosystem
separately;
(2) Every vehicle scrap recycler shall separately discharge residual scraps generated from
end-of-life vehicles after collecting
metals.
(3) Substances that affect climate/ecosystem under paragraph (1) above shall be specified
by Presidential Decree.
Article 28 (Appropriation for Expenses for Disposal and Recycling of end-of-life
Vehicles)
If the price of a end-of-life vehicle exceeds the expenses required for disposal and recycling
of the vehicle, the automotive dismantler,
vehicle scrap recycler, residual scrap recycler,
and waste gas disposer concerned may deduct the expenses for such disposal and
recycling
of the vehicle from its price to appropriate the deducted amount for the expenses. In
this instance, the automotive dismantler
concerned may deduct the expenses required by
the vehicle scrap recycler, residual scrap recycler, and waste gas disposer for disposal
and recycling from the price of scraps.
Article 29 (Formation of Business Operators' Organization)
(1) The persons under subparagraphs of Article 25 (1) may form a business
operators'
organization (hereinafter referred to as a "business operators' organization") in order
to attain recycling rates in
carrying out their related business affairs.
(2) Each business operators' organization shall be a legal entity.
(3) Each business
operators' organization shall be duly formed upon completion of the
Laws on Green Growth, and Economic Investment in Korea 277
04_LawsConcerningGreenGrowth
registration of incorporation with the registry office having jurisdiction over its
principal place of business.
(4) Unless otherwise provided for in this Act, the provisions relevant to incorporated
associations in the Civil Act shall apply
mutatis mutandis to organizations of business
operators.
Article 30 (Procedure for Authorization of Business Operators' Organizations)
(1) Any person who intends to form a business operators'
organization shall file an
application for authorization of incorporation, stating its purposes for incorporation,
its scope of
business, its Articles of incorporation, and other matters specified by
Presidential Decree, with the Minister of Environment, and
obtain approval thereof.
(2) The Minister of Environment shall, when he/she grants an authorization under
paragraph (1), issue
public notice thereof.
(3) Whenever a business operators' organization authorized pursuant to paragraph (1)
intends to amend any provision of its Articles
of association or any matter specified
by Ordinance of the Ministry of Environment, it shall obtain approval for such
amendment.
Article 31 (Report on Recycling of end-of-life Vehicles)
(1) Each automotive dismantler shall submit, to the Minister of Land, Transport
and
Maritime Affairs, a quarterly report on his/her recycling performance, which shall
contain the following details below, as
prescribed by Presidential Decree, within 15
days after the end of each quarter, and the Minister of Land, Transport and Maritime
Affairs shall in turn inform the Minister of Environment of such report within three
days:
1. The quantity of scrap reused and recycled from end-of-life vehicles;
2. The quantity of scrap transferred to vehicle scrap recyclers or similar;
3. The quantity of substances affecting climate/ecosystem transferred to waste gas
disposers.
(2) Each vehicle scrap recycler shall submit to the Minister of Environment a quarterly
report on his/her recycling performance,
which shall contain the following details,
as prescribed by Presidential Decree, within 15 days after the end of each quarter:
1. The quantity of scrap recycled from end-of-life vehicles;
2. The quantity of residual scrap transferred to residual scrap recyclers.
278 Ministry of Government Legislation
REGISTRATION OF RECYCLING BUSINESSCHAPTER IV
(3) Each residual scrap recycler shall submit to the Minister of Environment, a quarterly
report on his/her performance of recycling
of residual scrap and energy recovery, as
prescribed by Presidential Decree, within 15 days after the end of each quarter.
(4)
Each waste gas disposer shall submit to the Minister of Environment, a quarterly report
on his/her performance of recycling and
disposal of substances affecting
climate/ecosystem, as prescribed by Presidential Decree, within 15 days after the end
of each
quarter.
(5) Each manufacturer or importer of vehicles who recycles scrap of a vehicle collected
without consideration from persons, who
request scrapping of the vehicle in accordance
with Article 25 (3), shall submit to the Minister of Environment, a quarterly report
on its recycling and disposal activities, as well as its activities on energy recovery,
as prescribed by Presidential Decree, within
15 days after the end of each quarter.
(6) The submission of reports on performance of recycling under paragraphs (1) through
(5)
may be commissioned to a business operators' organization.
Article 32 (Registration of end-of-life Vehicle Recycling Business)
(1) A person who intends to engage in a business of recycling residual parts of end-of-life
vehicles under Article 25 (2) 2 (hereinafter
referred to as an "end-of-life vehicle
recycling business") shall have the facilities specified by Ordinance of the Ministry
of
Environment and complete registration with the Minister of Environment in
accordance with the business categorization under paragraph
(2). Any change in
registered essential details as specified by Presidential Decree shall be registered, while
a change in any
registered non-essential details shall only be reported.
(2) end-of-life vehicle recycling businesses shall be divided into the
following business
categories according to business activities as stated below:
1. Scrap recycling business: Dismantling and recycling of residual parts of end-of-life
vehicles transferred by automotive dismantlers;
2. Residual scrap recycling business: Recycling of residual scrap transferred by vehicle
scrap recyclers and energy recovered therefrom;
3. Waste gas disposal business: Recycling or disposal of substances affecting
climate/ecosystem, which have been separately stored
by automotive dismantlers.
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Article 33 (Disqualifications)
A person who falls under any of the following subparagraphs may not qualify for
registration of end-of-life vehicle recycling business.
The foregoing shall also apply to
a legal entity, if any of its executives falls under any of the following subparagraphs:
1. An incompetent or quasi-incompetent person;
2. A person for whom two years have not passed since imprisonment or any heavier
punishment for violation of this Act, has been completely
executed or finally and
conclusively discharged;
3. A person who has been sentenced to a suspended sentence of imprisonment or any
heavier punishment for violation of this Act and
who is still within the period of
suspension;
4. A person, whose registration of end-of-life vehicle recycling business was previously
cancelled, and reapplied for registration
in less than two years.
Article 34 (Cancellation of Registration)
(1) The Minister of Environment may, if a person who is registered as an end-of-life
vehicle recycler under Article 32 (1) falls
under any of the following subparagraphs,
either cancel the registration or issue an order to suspend his/her business, in whole
or in part, for a period of time not exceeding six months:
1. If it is found that he/she has filed for the registration through false or fraudulent
means;
2. If he/she falls under any of subparagraphs 1 through 4 of Article 33. Provided,
that the foregoing shall not apply in cases where
any executive of a legal entity
falls under any of the above-stated provisions but a replacement for such executive
is appointed
within six months;
3. If he/she does not commence the business within two years after registration or
has failed to operate the business at least two
years without any justifiable reason;
4. If he/she fails to meet the standards for facilities under Article 32 (1);
5. If he/she continues the business even during the business suspension period.
Provided, that the registration shall be cancelled
without exception if the person
falls under subparagraph 1 or 2.
(2) Necessary matters concerning the guidelines for administrative dispositions under
paragraph (1) shall be prescribed by Ordinance
of the Ministry of Environment.
280 Ministry of Government Legislation
SUPPLEMENTARY PROVISIONSCHAPTER V
Article 35 (Succession to Status of end-of-life Vehicle Recycler)
(1) In cases where an end-of-life vehicle recycler transfers his/her
business to a third
party, dies, or has merged with another legal entity, the transferee, heir, or the legal
entity surviving after
or newly established upon such merger shall succeed to the status
as business operator of the end-of-life vehicle recycler.
(2)
Any person who acquires all of the business facilities and equipment of a business
operator of the end-of-life vehicle recycler,
through auction under the Civil Execution
Act, under the Debtor Rehabilitation and Bankruptcy Act, from sale of seized asset
under
the National Tax Collection Act, the Customs Act, or the Local Tax Act, or
any other similar procedure, shall succeed to the status
of the business operator of
the end-of-life vehicle recycler. In this case, the registration of the preceding business
operator
shall become ineffective.
(3) In cases where a person succeeds to the status of a business operator in accordance
with paragraph (1), the effects of an administrative
disposition made against the
preceding end-of-life vehicle recycler on account of a violation of any subparagraph
of Article 34
(1) shall be effective for one year after the lapse of the period during
which such preceding recycler is subject to the disposition
of business suspension
and thus shall be transferred to the transferee or the legal entity surviving after or
newly established
upon a merger, while in cases where proceedings for administrative
disposition are pending, such proceedings may be continued against
the transferee
or the legal entity surviving after or newly established upon such merger: Provided,
That the effects of such disposition
shall not be transferred or proceeding for such
disposition shall not be continued, if the transferee or the legal entity surviving
after
or newly established upon a merger, proves that he/she/it was unaware that the
disposition or violation at the time when
the business was transferred or merged.
(4) A person who succeeds to the status of an end-of-life vehicle recycler in accordance
with paragraph (1) or (2) shall file a report with the Minister of Environment within
one month, as prescribed by Ordinance of
the Ministry of Environment.
Article 36 (Keeping and Preservation of Account Books)
A person who falls under any of the following
subparagraphs shall keep, maintain, and
preserve account books as prescribed by Presidential Decree. Provided, that the data
transmitted
electronically to the operation management information system under Article
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38 shall be deemed to be account books properly kept and preserved:
1. A manufacturer or an importer of electrical and electronic equipment or a manufacturer
or an importer of vehicles under Article
9 (1);
2. A recycler of electrical waste and electronic equipment under Article 12 (1);
3. A distributor of electrical and electronic equipment under Article 20 (1);
4. A mutual aid association for recycling of electrical and electronic equipment under
Article 21 (1);
5. An automotive dismantler, a vehicle scrap recycler, a residual scrap recycler, or a waste
gas disposer under Article 25 (1);
6. A business operators' organization under Article 30 (1);
7. A person who transports electrical waste and electronic equipment or end-of-life
vehicles under Article 39.
Article 37 (Report and Inspection)
(1) The Minister of Environment, the Minister of Knowledge Economy (in cases where
a manufacturer or an importer of electrical and
electronic equipment under Article
9 (1) or a manufacturer or an importer of vehicles is involved), or the Minister of
Land, Transport
and Maritime Affairs (in cases where an automotive dismantler under
Article 25 (1) 2 is involved) may require a person who falls
under any subparagraph
of Article 36, to submit a report or informative materials to the extent necessary for
enforcement of this
Act, or may assign public officials concerned to enter such person's
facilities, office, or place of business to inspect relevant
documents, facilities,
equipment, or the like.
(1) The Minister of Environment may establish and operate such operation management
282 Ministry of Government Legislation
information system as is necessary for the management of the affairs specified by
Presidential Decree, such as the management of
information about performance of
obligations owed by manufacturers or importers of electrical and electronic equipment
or manufacturers
or importers of vehicles and transfers of electrical waste and
electronic equipment or end-of-life vehicles (hereinafter referred
to as "operation
management information system").
(2) The Minister of Environment may, when he/she considers it necessary, commission
the Corporation or any other competent specialized
institution in his/her stead to
conduct business affairs relating to the establishment and operation of the operation
management
information system.
Article 39 (Duty of Transporters or Recyclers to Prepare and Submit Control
Records)
Every person who transports or recycles electrical waste and electronic equipment or
end-of-life vehicles shall prepare and submit
control records containing information about
the transfer of such wastes or scrap (hereinafter referred to as "control records")
in
compliance with the guidelines publicly disclosed by the Minister of Environment, subject
to prior consultation with the Minister
of Land, Transport and Maritime Affairs. Provided,
that such information about transfers of such wastes or scrap transmitted electronically
to the operation management information system shall be deemed the proper preparation
and submission of control records.
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PENAL PROVISIONSCHAPTER VI
04_LawsConcerningGreenGrowth
Article 41 (Hearing)
The Minister of Environment shall hold a hearing whenever he/she intends to cancel
registration pursuant to Article 34 (1).
Article 42 (Delegation and Entrustment of Authority)
(1) The authority of the Minister of Environment, the Minister of Knowledge
Economy,
or the Minister of Land, Transport and Maritime Affairs under this Act may be
delegated in part, to the heads of regional
environmental offices or Mayors/Do
governors, as prescribed by Presidential Decree.
(2) The Minister of Environment, the Minister of Knowledge Economy, or the Minister
of Land, Transport and Maritime Affairs may
entrust the Corporation or any other
competent specialized institution with part of his/her business affairs under this Act,
as
prescribed by Presidential Decree.
Article 43 (Penal Provisions)
Any person who submits a false report or material or refuses, interferes with, or evades
access or an inspection, in violation of
Article 37 shall be punished by imprisonment
for one year or less or by a fine not exceeding ten million won.
Article 44 (Joint
Penal Provisions)
If the representative of a legal entity or an agent, an employee, or any other servant of
a legal entity or an individual commits
an offense under Article 43 in connection with
the business of the legal entity or the individual, not only shall such offender
be punished
accordingly, but the legal entity or the individual shall be punished by a fine under the
said Article: Provided, That
the same shall not apply to cases where the legal entity or
the individual has not neglected to exercise due care or to adequately
supervise the relevant
tasks so as to prevent such violations.
[This Article Wholly Amended, July. 23, 2010]
284 Ministry of Government Legislation
Article 45 (Fines for Negligence)
(1) Any person who distributes a product containing any hazardous substance in excess
of the standards for hazardous substance content,
in violation of Article 9 (1) of this
Act, shall be punished by a fine for negligence not exceeding thirty million won.
(2) Any
person who falls under any of the following subparagraphs shall be punished
by a fine not exceeding twenty million won:
1. Any person who fails to observe the rate of recyclability in violation of Article
10 (2) in distributing a product;
2. Any person who fails to collect wastes without consideration in violation of Article
25 (3);
3. Any person who fails to observe the recycling rate in violation of Article 25 (4);
4. Any person who fails to carry out recycling works in accordance with the method
and guidelines for recycling in violation of Article
26;
5. Any person who runs an end-of-life vehicle recycling business without registration
in violation of Article 32 (1);
6. Any person who continues his/her business during the business suspension period
under Article 34 (1).
(3) Any person who falls under any of the following subparagraphs shall be punished
by a fine for negligence not exceeding ten million
won:
1. Any person who distributes a product without checking restrictions on the use of
hazardous substances or assessing the rate of
recyclability in violation of Article
11 (excluding those who fall under paragraph (1) or (2) 1);
2. Any person who fails to provide information on recycling in violation of Article
12 (1);
3. Any person who fails to separately store substances affecting climate/ecosystem
in violation of Article 27 (1);
4. Any person who fails to separately discharge scrap residues in violation of Article
27 (2).
(4) Any person who falls under any of the following subparagraphs shall be punished
by a fine for negligence not exceeding three
million won:
1. Any person who fails to perform his/her duty to collect as a distributor in accordance
with Article 20 (1);
2. Any person who fails to file a report on succession in violation of Article 35 (4).
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in Korea 285
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(5) Any person who falls under any of the following subparagraphs shall be punished
by a fine for negligence not exceeding one million
won:
1. Any person who omits to disclose whether restrictions on the use of hazardous
substances or the rate of recyclability is complied
with or discloses untrue
information, in violation of Article 11;
2. Any person who fails to file a report in violation of Article 13;
3. Any person who fails to submit a plan for performance of mandatory recycling
or a report on performance of mandatory recycling
under Article 17 (including
the cases to which the said Article shall apply mutatis mutandis pursuant to Article
23 (3));
4. Any person who fails to notify the kinds and quantity of wastes reused by him/her
or recycled by a recycler commissioned by him/her
and the trade name, address,
and the representative's name of such commissioned recycler, in violation of Article
20 (3);
5. Any person who fails to designate a wastes depot or fails to notify distributors
of the wastes depot in violation of Article 20
(4);
6. Any person who fails to submit a report on performed recycling or a report on
performance of recycling, energy recovery, and disposal
in violation of any
provision of Article 31 (1) through (5);
7. Any person who fails to keep, maintain, and preserve account books in violation
of Article 36 or enters a false entry in account
books;
8. Any person who fails to submit a report or an informative material in violation
of Article 37;
9. Any person who fails to prepare and submit control records in violation of Article 39.
Article 46 (Imposition and Collection of
Fines for Negligence)
Fines for negligence under Article 45 shall be imposed and collected by the Minister
of Environment, the
Minister of Knowledge Economy, or the Minister of Land, Transport
and Maritime Affairs, as prescribed by Presidential Decree.
[This
Article Wholly Amended, July. 23, 2010]
ADDENDUM
This Act shall enter into force on the date of its promulgation.
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