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Laws of the Republic of Korea |
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea 780
ENFORCEMENT DECREE OF THE ACT ON THE PROMOTION OF SAVING AND RECYCLING OF RESOURCES
Wholly Amended by Presidential Decree No. 17808, Dec. 18, 2002 Amended by Presidential Decree No. 18039, Jun. 30, 2003 Presidential Decree No. 18267, Jan. 29, 2004
Presidential Decree No. 18312, Mar. 17, 2004
Presidential Decree No. 18428, Jun. 11, 2004
Presidential Decree No. 18442, Jun. 25, 2004
Presidential Decree No. 18593, Nov. 30, 2004
Presidential Decree No. 18611, Dec. 30, 2004
Presidential Decree No. 18863, Jun. 13, 2005
Presidential Decree No. 19006, Aug. 17, 2005
Presidential Decree No. 19204, Dec. 28, 2005
Presidential Decree No. 19487, May 25, 2006
Presidential Decree No. 19494, May 30. 2006
Presidential Decree No. 19572, Jun. 29, 2006
Presidential Decree No. 19971, Mar. 27, 2007
Presidential Decree No. 20088, Jun. 11, 2007
Presidential Decree No. 20244, Sep. 6, 2007
Presidential Decree No. 20290, Sep. 27, 2007
Presidential Decree No. 20479, Dec. 28, 2007
Presidential Decree No. 20905, Jul. 3, 2008
Article 1 (Purpose)
The purpose of this Decree is to provide for the matters delegated under the Act on the Promotion
of Saving and Recycling of Resources
and other matters needed to implement such delegated matters.
The designated by-products provided for in subparagraph 4 of Article 2 of the Act on the Promotion
of Saving and Recycling of Resources
(hereinafter referred to as the "Act") shall be as follows:
1. Steel slag;
2. Coal cinders; and
3. Deleted.
The recycling industry provided for in subparagraph 7 of Article 2 of the Act shall be as follows:
1. The type of business run to manufacture recycled goods under subparagraph 5 of Article 2 of
the Act;
2. The type of business that falls under Article 31 (1) 2, 4, and 5 of the Act;
3. The type of business run to collect and transport recyclable resources for the purpose of recycling
them or supply recyclable
resources to recyclers after going through the intermediate process of
compressing, crushing and melting, etc.; and
4. Other type of business that falls under the type of business run for the purpose of recycling recyclable
resources, which the
Minister of Environment deems necessary and publishes after consulting
with the heads of relevant central administrative agencies
thereabout.
Article 4-2 (Kinds of Bulky Wastes)
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The bulky wastes provided for in the provisions of subparagraph 8-2 of Article 2 of the Act mean
household electric appliances,
furniture, living supplies, machinery and materials used for clerical services,
air conditioners, etc. which are wastes dumped from
houses and business places and possible to weigh
individually and identify the name of goods, and other wastes that are difficult
to be contained in
waste bags, and the specific subjects thereof shall be determined by the Municipal Ordinance of the
Si/Gun/Gu.
[This Article Newly Inserted by Presidential Decree No. 19572, Jun. 29, 2006]
Article 5 (Disposable Goods)
The disposable goods provided for in subparagraph 10 of Article 2 of the Act shall be as shown in
the attached Table 1.
Article 6 (Development of Basic Plan for Recycling Resources)
(1) Matters to be contained in the basic plan for recycling resources
(hereinafter referred to as the
"basic plan") provided for in Article 7 (2) 4 of the Act shall be as follows:
1. Matters concerning phased measures and business projects for facilitating the recycling of resources;
and
2. Other matters that are deemed necessary for facilitating the recycling of resources by the Minister
of Environment.
(2) The heads of relevant central administrative agencies, the Special Metropolitan City Mayor, the
Metropolitan City Mayor or the
Do governor (hereinafter referred to as the "Mayor/Do governor")
shall each develop an annual implementation schedule (hereinafter
referred to as an "implementation
schedule") for the basic plan for recycling resources in accordance with Article 7 (3) of the
Act and
notify the Minister of Environment of such implementation schedule by the end of March each year.
1. A detailed implementation schedule of the relevant year with respect to implementation matters
by agency, which is specified in
the basic plan;
2. Record and analysis of the recycling of resources during the previous year;
3. Recycling conditions, such as the occurrence of wastes and the state of their recycling, etc. by
jurisdictional field or jurisdictional
area during the previous year; and
4. Raising of funds and investment plan for realizing the target for the recycling of resources by
jurisdictional field or jurisdictional
area.
(4) The Minister of Environment shall, when he deems it necessary to develop the implementation
schedule, establish a basic guideline
for developing such implementation schedule and notify the heads
of central administrative agencies and the Mayor/Do governor of
such basic guideline.
(5) The head of Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) shall
establish
a plan for recycling resources under Article 7 (4) of the Act and submit it to the Mayor/Do
governor by the end of February each
year.
(6) A plan for recycling resources shall include the following:
1. A detailed implementation schedule of the relevant year for the recycling of resources;
2. Record and analysis of the recycling of resources during the previous year;
3. Recycling conditions, such as the occurrence of wastes and the state of their recycling, etc. within
the jurisdictional area concerned
during the previous year; and
4. Raising of funds and investment plan for realizing the target for the recycling of resources within
Reproduced from statutes of
Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
782
the jurisdictional area concerned.
(7) The Mayor/Do governor shall, when he deems it necessary to develop a plan for recycling resources,
establish a basic guideline
for developing such a plan and notify the head of Si/Gun/Gu of such basic
guideline.
(1) Goods required to be in conformity with standards for the quality of packaging materials provided
for in Article 9 (1) 1 of
the Act shall be all goods which use packaging materials.
(2) Goods required to be in conformity with standards for packaging methods
provided for in Article
9 (1) 1 of the Act shall be as follows:
1. Foodstuffs: Processed foods, beverages, liquors, confectionery and functional foods for health (referring
to functional foods
for health as referred to in subparagraph 1 of Article 3 of the Functional
Foods for Health Act; hereinafter the same shall apply);
2. Cosmetics (including air freshener);
3. Detergents;
4. Sundry articles: Toys, dolls, stationary and personal miscellaneous articles (limited to wallets and
belts);
5. Non-pharmaceutical products;
6. Garments: Shirts and underwear; and
7. Integrated goods (referring to those packaged together with the goods of minimum sale unit which
are packaged not less than once,
and the goods of the same kind or different kind of goods which
are packaged not less than once): Primary foods, processed foods,
beverages, liquors, confectionery,
functional foods for health, cosmetics, detergents and personal miscellaneous articles.
(3)
Goods required to be in conformity with standards for the annual reduction of packaging materials
made of synthetic resins provided
for in Article 9 (1) 2 of the Act shall be as follows:
1. Eggs produced at a poultry farm required to file a report in accordance with Article 8 of the Enforcement
Decree of the Act on
the Management and Use of Livestock Excreta;
2. Apples and pears which are traded at any agricultural and fishery products wholesale market,
any agricultural and fishery products
joint market, any private agricultural and fishery products
wholesale market and any integrated distribution center of agricultural
and fishery products provided
for in Article 2 of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products;
3. Vegitables and fruits, livestock products and marine products which are sold at any store whose
area of sales room is not less
than 165 square meters;
4. Noodles which are made and processed by any food manufacturing and processing factory provided
for in Article 7 of the Enforcement
Decree of the Food Sanitation Act; and
5. Electric appliances, audio-video appliances and information office appliances from among electric
goods for which safety certifications
are required to be obtained in accordance with Article 2
(3) of the Electric Appliances Safety Control Act.
Article 8 (Types of
Business Required to Restrain Use of Disposable Goods and Matters to be Abided by)
(1) The term "restaurants, public baths, department
stores or other types of business prescribed
by Presidential Decree" in Article 10 (1) of the Act means the types of business falling
under each
of the following subparagraphs: 7. Enforcement Decree of the Act on the Promotion of Saving and Recycling of Resources
783
No. 18593, Nov. 30, 2004; Presidential Decree No. 19006, Aug. 17, 2005>
1. The business of institutional food service provided for in subparagraph 9 of Article 2 of the Food
Sanitation Act;
2. The business of food service provided for in Article 21 (1) 3 of the Food Sanitation Act;
3. The business of manufacturing and processing food and the business of manufacturing and processing
food for instant sales provided
for in subparagraphs 1 and 2 of Article 7 of the Enforcement Decree
of the Food Sanitation Act;
4. The business of public baths and the business of lodging with not less than 7 rooms provided
for in Article 2 (1) of the Public
Health Control Act;
5. Large-scale stores provided for in subparagraph 3 of Article 2 of the Distribution Industry Development
Act;
6. Wholesale and retail businesses (excluding the types of businesses falling under subparagraph
5 and those publicly announced by
the Minister of Environment in consideration of the quantity
of disposable goods and the inevitability of the use of disposable
goods) provided for in the Korean
Standard Industrial Classification (hereinafter referred to as the "Standard Industrial Classification")
published by the Commissioner of the Korea National Statistical Office under the Statistics Act;
7. The financial business, the insurance and pension business, the securities and futures brokerage
business, the real estate rental
and supply business, the advertisement agency business, other
educational institutions from among the education service business,
the movie industry and the
performance industry provided for in the Standard Industrial Classification; and
8. Stadiums, gymnasiums and integrated sports facilities provided for in Article 2 of the Enforcement
Decree of the Installation
and Utilization of Sports Facilities Act.
(2) Disposable goods, which operators of the types of business referred to in paragraph
(1) are required
to restrain their use or not to supply them free of charge, and the detailed matters to be abided by
shall be
prescribed by the Ordinance of the Ministry of Environment by business type.
Article 9 Deleted.
1. Insecticides using bottles and plastic containers (excluding agrochemicals provided for in Article
2 of the Agrochemicals Control
Act) and poisonous goods using metal cans, bottles and plastic
containers;
2. Deleted; 3. Antifreeze solutions (limited to antifreeze solutions used for automobiles provided for in subparagraph
1 of Article 2 of the
Automobile Management Act, vehicles provided for in the Act on the Management
of Military Supplies, construction machinery provided
for in Article 2 (1) 1 of the Construction
Machinery Management Act and agricultural machinery provided for in subparagraph 1 of
Article
2 of the Agricultural Mechanization Promotion Act);
4. Chewing gums;
5. Disposable diapers;
6. Cigarettes (excluding any cigarette which is sold at the price of not more than 200 won for a
pack and any other cigarette which
is exempted from the cigarette consumption tax or for which
the cigarette consumption tax is refunded under Articles 231, 232 and
233-9 of the Local Tax
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
784
Act); and
7. Goods and packing materials thereof (refers to those in the final phase of distribution in market
for sale to consumers) falling
under any of the following items, which have used plastics as material:
Provided, That the textile products of synthetic resin and
plastic containers referred to in subparagraph
1 shall be excluded:
(a) Goods and packing materials thereof manufactured by a person who runs a manufacturing
business referred to in Table 1-2;
(b) Packing materials of the goods manufactured by a person who runs a manufacturing business
other than those referred to in Table
1-2; or
(c) Goods and packing materials thereof imported by a wholesaler and retailer.
(2) Goods, materials and containers falling under
any of the following subparagraphs shall be excluded
from the imposition of waste charges, notwithstanding paragraph (1):
1. Goods, materials and containers that are made or imported by any manufacturer or any importer
for the purpose of exporting them;
2. Samples of goods, materials and containers that are imported by any research institution or any
organization provided for in Article
7 (1) of the Technology Development Promotion Act for the
purpose of research; or
3. Plastic goods and packing materials thereof that are provided for in paragraph (1) 7 and fall under
any of the following items:
(a) Goods made by a manufacturer whose annual sales are less than 1 billion won;
(b) Goods imported by an importer at less than
$9,000;
(c) Goods and packing materials thereof manufactured by a manufacturer whose plastic usage
is 10,000 kilograms or less
a year;
(d) Imported goods and packing materials thereof that contain 100 kilograms or less of plastics;
(e) Goods falling under any of
the followings by which the owner is put under an obligation as
he/she acquires, keeps, utilizes and discards the goods:
() Automobiles
(excluding two-wheeled vehicles) pursuant to subparagraph 1 of Article 2
of the Automobile Management Act;
() Automobiles obtained pursuant to Article 11 of the Act on the Management of Military
Supplies;
() Construction machinery pursuant to Article 2 (1) 1 of the Construction Machinery Management
Act;
() Korean ships pursuant to Article 2 of the Ship Act;
() Fishing vessels pursuant to Article 2 (1) of the Fishing Vessels Act;
() Aircraft registered pursuant to Article 3 of the Aviation Act; or
() Railroad cars managed by a business operator who has obtained
authorization pursuant
to Article 5 of the Railroad Enterprise Act; or
(f) Goods and packing materials thereof manufactured by a manufacturer or importer (including
organizations of business operators)
who has performed a voluntary agreement, defining the
method of performance pursuant to Articles 17 through 19 of the Act on the
collection and
recycling of wastes, with the Minister of Environment.
. Waste Management
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(3) When the importer or manufacturer does not fall under any of items (a) through (d) of paragraph
(2) 3, he/she may get reduction
and exemption of an amount corresponding to any of the following
subparagraphs: 1. Waste charge corresponding to the input of plastics for 1 billion won of annual sales or for U$
9,000 of annual import. In this
case, the input of plastics shall be calculated in accordance with
the formula stipulated by Ordinance of the Ministry of Environment;
or
2. Waste charge corresponding to 10,000 kilograms of annual quantity consumed or 100 kilograms
of plastics contained in the imported
goods.
Article 11 (Standards for Calculating Waste Charges)
The standards for calculating waste charges that manufacturers or importers
are liable to pay in
accordance with Article 12 of the Act shall be as shown in the attached Table 2.
Article 12 (Calculation and
Imposition, etc. of Waste Charges Paid by Manufacturers)
(1) Manufacturers who are liable to pay waste charges in accordance with
Article 12 (1) of the Act
shall submit materials pertaining to the delivery record of goods during the previous year to the Minister
of Environment by the end of March each year under the conditions as prescribed by Ordinance of
the Ministry of Environment.
(2) The Minister of Environment shall calculate the amount of waste charges by multiplying the
amount obtained from applying the
standards for calculation in Table 2 to the record of shipments
received pursuant to paragraph (1) by the charge calculation index.
(3) The charge calculation index under paragraph (2) shall be obtained by setting the first year applied
as 1, and then every year,
the charge calculation index of the previous year shall be multiplied by
the price fluctuation index announced by the Minister of
Environment in consideration of inflation
rate, etc. of the previous year: Provided, That for the case of Article 10 (1) 4, the
charge calculation
index shall be 1.
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
786
payment of waste charges each month.
Article 14 (Procedures for Settlement of Waste Charges Paid by Importers)
When any importer fails to import goods, materials and
containers in whole or in part which are
subject to the payment of waste charges on the unavoidable grounds after getting the confirmation
provided for in Article 13 (2) or he exports them, the Minister of Environment shall refund the relevant
waste charges to the relevant
importer at the latter's request within 14 days from the date of request
under the conditions as prescribed by Ordinance of the
Ministry of Environment.
Article 14-2 (Delivery of Collection Expenses)
(1) Where the Minister of Environment commissions the work of collecting waste charges or additional
charges to the Korea Environment
and Resources Corporation prescribed by the Korea Environment
and Resources Corporation Act (hereinafter referred to as the "Korea
Environment and Resources
Corporation") pursuant to the provisions of Article 12 (6) of the Act, the Minister of Environment
shall
deliver the amount equivalent to 10/100 of the waste charges and additional charges collected
by the Korea Environment and Resources
Corporation to the said corporation as its collection expenses.
(2) The Minister of Environment shall calculate the collection expenses
referred to in the provisions
of paragraph (1) every month from among the waste charges and additional charges paid into the
special
account for the environmental improvement prescribed by the Act on Special Accounts for
Environmental Improvement and pay the collection
expenses to the Korea Environment and Resources
Corporation by the end of the next month.
[This Article Newly Inserted by Presidential Decree No. 19572, Jun. 29, 2006]
Article 15 (Check of Delivery Records of Goods, etc.)
(1) In the case falling under any of the following subparagraphs, the Minister of Environment may
have the public officials under
his control check and ascertain the delivery records of goods by manufacturers
and the import records by importers, etc. in accordance
with Article 36 of the Act:
1. Where any manufacturer fails to submit the material pertaining to the delivery record of his goods
under Article 12 (1);
2. Where any importer fails to pay the waste charges, or to get confirmation about whether his
imported goods are subject to the
payment of waste charges under Article 13 (2); and
3. Where the amount of paid waste charges is different from the amount of waste charges that has
to be paid or the Minister of Environment
deems it necessary to check and ascertain the delivery
records of goods.
(2) Where a manufacturer or importer has yet to pay the waste charges or the amount of the waste
charges paid falls short of the
amount of the waste charges that the manufacturer or importer is
liable to paid as a result of the check and ascertainment referred
to in paragraph (1), the Minister
of Environment shall serve a notice to the manufacturer or importer that the latter shall pay
the unpaid
waste charges or the difference. In this case, the unpaid waste charges and the difference shall be
calculated by applying
mutatis mutandis the provisions of Article 12 (2) or 13 (1) and their payment
period shall be a period of 20 days from the date
on which the payment notice is served.
Article 15-2 (Establishment of Recycling Centers and Facility Standards)
Where the head
of Si/Gun/Gu sets up a recycling center pursuant to the provisions of Article 13-2
(6) of the Act, he shall set up such center according
to the standards falling under each of the following
subparagraphs: Provided, That in the case of the Gun that does not have a city
of not less than 30,000
population, such Gun may not abide by the said standards:
1. The total area of the floor of the recycling center for displaying used goods shall be not less
than 150 square meters;
. Waste Management
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2. The work space shall be secured for repairing used goods, etc.;
3. Not less than one warehouse shall be separately built in order to keep used goods in custody,
which are not displayed;
4. The resting space shall be secured for persons in charge of the operation and management of
the recycling center or visitors in
the space where used goods are displayed;
5. Nor less than one vehicle shall be operated to transport and remove used goods; and
6. Persons in charge of exchanging and selling used goods, persons in charge of repairing used goods
and persons in charge of removing
and transporting used goods shall each be employed.
[This Article Newly Inserted by Presidential Decree No. 19572, Jun. 29, 2006]
Article 16 (Goods and Packaging Materials Marked with Separation and Discharge Sign)
The term "goods and packaging materials prescribed
by Presidential Decree" in Article 14 of
the Act means the goods and packaging materials falling under each of the following subparagraphs:
1. Packaging materials provided for in subparagraphs 1 and 2 of Article 18: Provided, That containers
of goods that include security
deposit on empty container under Article 22 of the Act shall be
excluded; and
2. Other goods and packaging materials that are manufactured using papers, metals, glass and plastic
materials, and designated by
the Minister of Environment under the conditions as prescribed by
Ordinance of the Ministry of Environment.
Article 17 (Scope of Waste Dischargers)
(1) The term "person prescribed by Presidential Decree" in Article 15 (1) of the Act means the person
who discharges wastes while
carrying out business activities (excluding the designated wastes; hereinafter
the same shall apply) and falls under any of the
following subparagraphs:
1. The owner, occupant or manager of a building whose total floor area of each story is not less
than 1,000 square meters; and
2. The owner, occupant or manager of a land that discharges an average of not less than 300 kilograms
of wastes per day or discharges
not less than 5 tons of wastes due to a series of construction
works and other works, etc.
(2) In applying paragraph (1), two or more neighboring buildings owned by the same person shall
be deemed the same building.
Article 18 (Goods and Packaging Materials Subject to Mandatory Recycling)
The term "goods and packaging materials prescribed by
Presidential Decree" in Article 16 (1) of the
Act means such goods and packaging materials falling under each of the following subparagraphs:
Provided, That goods and packaging materials manufactured or imported by manufacturers or importers
for the purpose of exporting
them, and samples of goods and packaging materials for research and
those returned and disposed as waste, imported by research institutions
or organizations provided for
in Article 7 (1) of the Technology Development Promotion Act for the purpose of research shall be
excluded:
1. Paper packs (limited to paper packs that are coated and pasted with synthetic resins or aluminium
leaves), glass bottles, metal
cans and packaging materials made of synthetic resins (including containers,
packaging materials with the type of film or sheet,
and tray) which are all used to package the
goods falling under each of the following items:
(a) Food stuffs (referring to the food on the code of food, etc. provided for in Article 12 of the
Food Sanitation Act, the functional
foods for health on the code of functional foods for health
provided for in Article 19 of the Functional Foods for Health Act, the
processed meat, processed
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
788
milk products and processed egg products provided for in subparagraphs 7 through 9 of Article
2 of the Processing of Livestock Products
Act, and drinking spring water provided for in subpara-
graph 3 of Article 3 of the Management of Drinking Water Act);
(b) Agricultural,
fishery and livestock products (limited to the primary products except the foodstuffs
of item (a));
(c) Detergents (referring to toothpaste and soaps under the Standard Industrial Classification, and
soaps and detergents that are
made by other detergent manufacturing industry);
(d) Cosmetics prescribed by the Cosmetics Act and shampoo and rinse used for pet
animals;
(e) Medicines and non-pharmaceutical products under the Pharmaceutical Affairs Act (excluding
vial-, ampoule-, Press Through
Package (PTP)-packaged goods whose content quantity
is not more than 30 milliliters or 30 grams, goods which are not in bottle shape
and whose
content quantity is not more than 30 millimeters or 30 grams, and medical supplies for external
diagnoses and those disposed
as medical waste);
(f) Butane gas goods; and
(g) Insecticides and germicides (referring to the insecticides and germicides that are made by the
manufacturing industry of insecticides
and germicides for home under the Standard Industrial
Classification, but excluding agrochemicals prescribed by Article 2 of the
Agrochemicals Control
Act);
2. Packaging materials made from foam synthetic resin used as cushioning materials for electrical
equipments, audio-and video-applied
equipments, information and office equipments and personal
computers (including monitors and keyboards) from among the electric
appliances subject to safety
certification under Article 2 (3) of the Electric Appliances Safety Control Act;
3. Batteries falling under each of the following items (including batteries which are installed inside
or are used as parts of the
goods in the attached Table 3):
(a) Mercury batteries;
(b) Oxidizing silver batteries;
(c) Nickel-cadmium batteries;
(d) Lithium batteries (limited to primary batteries);
(e) Manganese batteries and alkaline manganese batteries; and
(f) Nickel-hydrogen
batteries;
4. Tires used for the equipment falling under each of the following items:
(a) Automobiles provided for in subparagraph 1 of Article
2 of the Automobile Management Act;
(b) Vehicles provided for in the Act on the Management of Military Supplies;
(c) Construction
machinery provided for in Article 2 (1) 1 of the Construction Machinery Management
Act; and
(d) Agricultural machinery provided for in subparagraph 1 of Article 2 of the Agricultural Mechanization
Promotion Act;
5. Lubricating oil used for the equipment falling under each of the following items:
(a) Automobiles provided for in the provisions
of subparagraph 1 of Article 2 of the Automobile
Management Act (excluding any two-wheeled automobile installed with an engine that
is functioned
by one stroke of crank shaft instead of 4 strokes of inhalation, compression, explosion and
exhaustion);
(b) Vehicles provided for in the Act on the Management of Military Supplies;
(c) Construction machinery provided for in Article
2 (1) 1 of the Construction Machinery Management
Act;
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(d) Agricultural machinery provided for in subparagraph 1 of Article 2 of the Agricultural Mechanization
Promotion Act;
(e) Korean ships (excluding ships for overseas service) prescribed by Article 2 of the Ship Act;
and
(f) Fishing vessels (excluding deep-sea fishing vessels) prescribed by Article 2 (1) of the Fishing
Vessels Act;
6. Deleted; 7. Fluorescent lamps (including half-finished lamps used to make mercurial fluorescent lamps); and
8. Other goods and packaging materials which producers intend to recycle through a producers' organ-
ization and the Minister of
Environment approves.
Article 19 (Producer Liable to Recycle Packaging Materials)
Any producer liable to recycle packaging materials
under Article 16 (1) of the Act shall be the person
who runs the place of business, the type and scale of which are specified in
the attached Table 4.
Article 20 (Entrustment of Recycling)
Producers liable to recycle wastes, or any recycling business mutual aid associations under Article
27 of the Act (hereinafter referred
to as "mutual aid association") may entrust such trustees falling
under any of the following subparagraphs with recycling goods
and packaging materials as prescribed
by Article 16 (2):
1. Companies producing recycled products;
2. Designated recycling business operators under Article 23 (1) of the Act (hereinafter referred to
as a "designated recycling business
operators);
3. Those who has a permission of partial or general treatment of waste under Article 25 (5) 2 or
4 of the Wastes Control Act; or
4. Others notified by the Minster of Environment form among those in recycling business.
[This Article Newly Inserted by Presidential
Decree No. 20479, Dec. 28, 2007]
Article 21 (Protection of Person Entrusted with Recycling Wastes)
In the event that producers
liable to recycle wastes or mutual aid associations entrusts a trustee
with recycling goods and packaging materials, such trustor
shall work to prevent any infringement
of the business sphere of small-and medium-sized enterprises protected under the Act on the
Promotion
of Collaborative Cooperation between Large Enterprises and Small-Medium Enterprises, properly
compensate for costs required
for recycling and enter into a contract by which the right and interest
of the trustee with recycling the relevant goods and packaging
materials are protected.
Article 22 (Calculation, Publication, etc. of Mandatory Recycling Rate)
(1) The Minister of Environment shall calculate the rate
at which each producer liable to recycle
wastes is required to recycle (hereinafter referred to as the "mandatory recycling rate")
by goods
and packaging materials in accordance with the calculation standards specified in the attached Table
5 from among the
delivery quantities of goods and packaging materials (referring to import quantity
in case for an importer and sales quantity in
case for a distributor; hereinafter the same shall apply)
as provided for in Article 17 (1) of the Act, and publish it prior to
the commencement of the relevant
year each year after consulting with the ministers of competent ministries.
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
790
to a producer liable to recycle wastes who includes security deposit on empty container in the prices
of goods under Article 22
of the Act.
(3) The Minister of Environment shall announce a long-term target recycling rate every 5 years and
reflect it in the mandatory recycling
rate under paragraph (1) for a producer liable to recycle wastes
to promote collection and recycling through a collection system
in the process of production or distribution
of goods and packaging materials.
7. Enforcement Decree of the Act on the Promotion of Saving and Recycling of Resources
791
the mutual aid association shall submit an altered plan for meeting recycling obligations, accompanied
by an evidential document,
to the Minister of Environment within 30 days from the date of alteration.
Article 26 (Submission of Report on Record of Meeting
Recycling Obligations)
Any producer liable to recycle wastes or the mutual aid association that obtains approval for the
plan for
meeting recycling obligations under Article 25 shall submit a report on the record of meeting
recycling obligations, accompanied
by documents prescribed by Ordinance of the Ministry of Environment,
to the Minister of Environment by April 30 next year under
Article 18 (2) or 29 (2) of the Act.
Article 27 (Recycling Cost)
(1) The cost needed to recycle wastes (hereinafter referred to as the "recycling unit cost") that is
the basis for calculating the
recycling dues provided for in Article 19 of the Act shall be an amount
obtained by multiplying the recycling cost calculation index
published by the Minister of Environment
by the recycling standard cost as shown in the attached Table 6.
(2) The recycling cost
calculation index referred to in paragraph (1) shall be an amount obtained,
every year, by multiplying the price fluctuation index,
which is set taking into account the inflation
rate of the previous year, by the recycling cost calculation index of the previous
year.
Article 28 (Calculation and Imposition of Recycling Dues)
(1) The recycling dues prescribed by Article 19 of the Act shall
be an amount obtained by adding
the additional charge calculated according to the attached Table 7 to the amount calculated by multiplying
the recycling unit cost by the unrecycled quantity from among the mandatory recycling quantity.
(2) In the event that any producer
liable to recycle wastes or the mutual aid association recycles
wastes in excess of the mandatory recycling quantity, he or it may
include such excess recycling
quantity in the recycling record of the next year or the year after the next year.
(3) In the event
that any producer liable to recycle wastes and the mutual aid association fails to
recycle the mandatory recycling quantity, the
Minister of Environment shall put the producer and
the mutual aid association on a notice that he and it should pay recycling dues
calculated according
to paragraph (1) by June 30 each year under the conditions as prescribed by Ordinance of the Ministry
of Environment.
Article 28-2 (Delivery of Expenses Necessary for Collection)
(1) Where the Minister of Environment commissions the work of collecting
recycling dues or additional
dues to the Korea Environment and Resources Corporation in accordance with Article 19 (6) of the
Act,
he shall deliver the amount equivalent to 10/100 of the recycling charges and additional dues
that are collected by the Korea Environment
and Resources Corporation to the Korea Environment
and Resources Corporation as expenses necessary to collect such charges and dues.
(2) The Minister of Environment shall calculate collection expenses referred to in the provisions of
paragraph (1) every month and
pay them to the Korea Environment and Resources Corporation by
the end of the next month from among the recycling charges and the
additional dues that are paid
to the special account for environmental improvement pursuant to the Act on Special Accounts for
Environmental Improvement.
[This Article Newly Inserted by Presidential Decree No. 19572, Jun. 29, 2006]
Article 29 (Check of Recycling Records, etc.)
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
792
(1) In the case falling under any of the following subparagraphs, the Minister of Environment may
have his public officials in charge
check and ascertain the records of delivery quantity and recycling,
etc., which have been compiled by any producer liable to recycle
wastes, the mutual aid association
or any person entrusted with recycling, in accordance with Article 36 of the Act:
1. Where the producer liable to recycle wastes fails to submit the delivery quantity by goods and
packaging materials required by
Article 22 (2);
2. Where the producer liable to recycle wastes or the mutual aid association fails to submit the report
on the results of the implementation
of mandatory recycling; and
3. Where the recycling records submitted by the producer liable to recycle wastes or the mutual
aid association in accordance with
Article 26 are different from the actual recycling records or
the Minister of Environment deems it necessary to check and ascertain
such records.
(2) In the event that any recycling dues exist that the relevant producer liable to recycle wastes or
the mutual
aid association has to pay or the paid amount falls short of the amount that has to be
paid as a result of the check and ascertainment
referred to in paragraph (1), the Minister of Environment
shall put the producer liable to recycle wastes or the mutual aid association
on a notice that he or
it shall pay unpaid recycling dues or the difference. In this case, the unpaid recycling dues and the
difference
shall be calculated by applying mutatis mutandis the provisions of Article 28 (1) and the
payment period thereof shall be 20 days
from the date on which payment notice is served.
Articles 30 and 30-2 Deleted. 1. Liquors falling under each of the following items:
(a) Fermented liquors provided for in subparagraph 2 of Article 4 of the Liquor
Tax Act; and
(b) Distilled liquors provided for in subparagraph 3 of Article 4 of the Liquor Tax Act; and
2. Soft drinks.
Article 32 (Type of Business Involving Designated Recycling Business Operator)
The term "type of business prescribed
by Presidential Decree" in Article 23 (1) of the Act means
the type of business falling under each of the following subparagraphs:
1. The business of making papers;
2. The business of making glass containers; and
3. The business of making steel and iron.
Article 33 (Basic Policy, etc. on Designated Recycling Business Operators)
(1) The basic
policy on designated recycling business operators shall be as follows:
1. The designated recycling business operators falling under each of the following items from among
the designated recycling business
operators shall be encouraged to put their business focus on
the recycling plan and other designated recycling business operators
than the person prescribed
in the following items shall be encouraged to implement the recycling plan on a phased basis
taking
into account the scale of business, current recycling facilities, technical capability, recycling
potential, etc.:
(a) The business of making papers: Person who produces not less than 10,000 tons of papers
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a year;
(b) The business of making glass containers: Person who produces not less than 20,000 tons
of glass containers a year; and
(c) The business of making steel and iron: Person who produces not less than 100,000 tons of
crude steel or pig iron;
2. Every designated recycling business operator shall comply with the utilization target rate for recyclable
resources that is set
in a guideline established under Article 23 (1) of the Act, efficient recycling
methods and procedures, etc. taking into account
the occurrence of recyclable resources, the quantity
of collected recyclable resources, the domestic recycling technical levels
and the characteristics
of goods;
3. Every designated recycling business operator shall develop a utilization schedule to attain the utilization
target rate, and compile
and keep the records thereof; and
4. Every designated recycling business operator shall, in the event that he uses imported recyclable
resources, work to substitute
domestic recyclable resources for such imported recyclable resources.
(2) The Minister of Environment and the ministers of competent
ministries shall, when they set the
utilization target rate of recyclable resources referred to in paragraph (1) 2, hear opinions
of business
organizations concerned.
Article 34 Deleted. 1. The person falling under each of the following items from among the operators of the business
discharging by-products shall be
encouraged to focus his business on recycling and any person
other than the person falling under each of the following items shall
also be encouraged to recycle
wastes on a phased basis in a manner compatible with circumstances taking into account the
scale
of business, current recycling facilities, technical capability and recycling potential, etc.:
(a) Steel slags: Person who produces
not less than 100,000 tons of crude steel or pig iron;
(b) Coal cinders: Person who supplies not less than 100 million kw of power
a year; and
(c) Deleted; 2. Every operator of business discharging designated by-products shall install and operate facilities
capable of separating, crushing,
screening and recycling by-products to facilitate the recycling
of designated by-products and comply with the recycling plan prescribed
by the guideline provided
for in Article 25 (1) of the Act taking into account the character and state of designated by-products,
the characteristics of discharge and domestic technical levels;
3. Every operator of business discharging designated by-products shall endeavor to facilitate the
recycling of by-products by developing
technology needed to recycle by-products and urging other
type of business and other place of business to recycle such by-products;
and
4. Every operator of business discharging designated by-products shall develop a plan for recycling
designated by-products and compile
and keep the records of recycling such by-products.
Article 36 (Business Subject to Development of Recycling Industry)
The term
"business designated by the Presidential Decree" in Article 31 (1) 6 of the Act means the
business falling under each of the following
subparagraphs:
1. The recycling business falling under subparagraphs 2 through 4 of Article 4;
2. The business of selling recycled goods; and
3. The business of designing and manufacturing machinery or equipment used to manufacture goods
Reproduced from statutes of Republic
of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
794
using recyclable resources or designing and making recycling facilities.
Article 37 (Support for Excellent Designated Recycling
Business Operators)
The Minister of Environment ay designate any designated recycling business operator with a good
recycling record
as an excellent designated recycling business operator. In this case, the Government
may financially support the fund, etc. under
Article 31 of the Act by priority such excellent recycling
business operator.
Articles 38 and 39 Deleted.
The term "person prescribed by the Presidential Decree" in Article 34 (1) of the Act means the person
falling under each of the
following subparagraphs: 1. The Korea Environment and Resources Corporation;
2. The Environmental Management Corporation provided for in the Environmental Management
Corporation Act (hereinafter referred to
as the "Environmental Management Corporation");
3. The Sudokwon Landfill Site Management Corporation provided for in the Act on the Establishment
and Management of Sudokwon Landfill
Site Management Corporation (hereinafter referred to as
the "Sudokwon Landfill Site Management Corporation"); and
4. Small and medium business cooperatives established for the purpose of recycling under the Small
and Medium Enterprise Cooperatives
Act.
Article 41 (Building of Recycling Complexes)
When the Mayor/Do governor intends to build a recycling complex pursuant to the provisions of Article
34 (3) of the Act, he shall
obtain approval therefor from the Minister of Environment in advance under
the conditions as prescribed by the Ordinance of the
Ministry of Environment. The same shall apply
to a case where the Mayor/Do governor intends to change any important matter prescribed
by the Ordinance
of the Ministry of Environment from among the approved contents.
[This Article Wholly Amended by Presidential
Decree No. 19572, Jun. 29, 2006]
Article 42 (Management and Operation of Recycling Complexes)
(1) The authority to manage and operate
recycling complexes provided for in Article 34 (3) of the
Act shall be held by the Minister of Environment or the Mayor/Do governor
who designates such
recycling complexes in accordance with Article 41 (1).
(2) The Minister of Environment may commission or entrust the person falling under each of the
following subparagraphs to manage
or operate any recycling complex:
1. The Mayor/Do governor;
2. The Korea Environment and Resources Corporation;
3. The Environmental Management Corporation;
4. The Sudokwon Landfill Site Management Corporation; and
5. Other person who is deemed capable of managing and operating any recycling complex by the
Minister of Environment.
(3) With respect to matters not provided for in this Decree, the provisions governing procedures for
and methods of management and
operation of industrial complexes of the Industrial Cluster Development
and Factory Establishment Act and the Enforcement Decree
thereof shall apply mutatis mutandis to
procedures for and methods of management and operation of recycling complexes.
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795
Article 43 (Provision of Factory Sites for Recycling Business Operators)
(1) Any person authorized to manage any industrial complex,
prescribed by Article 30 of the Industrial
Cluster Development and Factory Establishment Act, may give priority to recycling business
operators
for using part of any industrial complex area as his factory site under Article 34 (4) of the Act.
(2) Where the Minister of Environment deems it necessary to ensure the smooth supply of factory
sites to recycling business operators,
he may prescribe the need of supplying factory sites, required
areas and the scope of recycling business subject to the supply of
factory sites and then ask
persons authorized to manage industrial complexes referred to in paragraph (1) to give priority to
supplying
factory sites.
Article 44 (Recyclable Resources, etc. Subject to Collection, Storage, Screening and Treatment of Public Infrastructure)
The term
"recyclable resources prescribed by the Presidential Decree" in Article 34-4 (1) of the Act
shall be those falling under each of
the following subparagraphs:
1. Goods and packaging materials provided for in subparagraphs 1, 2, and 7 of Article 18;
2. Waste papers;
3. Scrap iron; and
4. Others prescribed by the Minister of Environment or the Mayor/Do governor.
Article 45 (Development and Operation of Information
System)
The Minister of Environment may develop and operate an information system to receive, keep, manage
and store materials
submitted by manufacturers, etc. under Articles 12 and 16 of the Act and efficiently
perform the work of compiling statistical data.
Article 46 (Composition of Resources Recycling Association)
(1) The term "persons prescribed by the Presidential Decree" in Article
35 (1) of the Act shall be
the person falling under each of the following subparagraphs:
1. The producer liable to recycle wastes;
2. The mutual aid association;
3. The person who files a report on recycling wastes and designated recycling business operator;
4. The producer of recycled goods;
5. The person who collects, transports or intermediately processes and treats recyclable resources;
and
6. The person who researches and develops technology used to recycle wastes.
(2) Persons who intend to obtain permission for establishing
an association aimed at recycling resources
(hereinafter referred to as the "resources recycling association") under Article 35
(1) of the Act shall
file an application stating matters falling under each of the following subparagraphs, accompanied by
the
articles of association or the rules and the business plan, to the Minister of Environment:
1. Title;
2. The seat of office;
3. The name and address of representative;
4. The date of establishment; and
5. The number of members.
(3) Upon receiving the application referred to in paragraph (2), the Minister of Environment shall examine
the contents of such application, including its membership, etc., and grant permission when the association
is deemed capable of
performing the work of recycling wastes taking into account the abilities and
traits of etities referred to in each subparagraph
of paragraph (1).
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
796
(4) When there is any change in the title, the seat of office, the name and address of representative,
the articles of association,
the rules and the business plan, the resources recycling association that
obtains permission under paragraph (3) shall make a report
thereon to the Minister of Environment
within 20 days from the date on which such change accrues.
(5) The resources recycling association
shall draw up documents falling under each of the following
subparagraphs and submit them to the Minister of Environment by the
end of February each year:
1. The report on business records and the report on the settlement of accounts of the previous year;
and
2. The business plan and the statement of revenues and expenses of the relevant year.
Article 47 (Cooperation of Relevant Institutions)
The term "other matters prescribed by Presidential Decree" in subparagraph 3 of Article 37 of the
Act means matters falling under
each of the following subparagraphs: 1. The submission of data required to identify the persons liable to pay waste charges as prescribed
by Article 12 of the Act, and
to collect such waste charges;
2. The submission of data to identify the producers liable to recycle wastes as prescribed by Article
16 of the Act;
2-2. The submission of data used to confirm the spending of the unrefunded security deposit prescribed
by Article 22-2 (2) of the
Act;
3. The submission of data on current financial assistance and the plan therefor as prescribed by
Article 31 of the Act;
4. The submission of data on the delivery quantity of goods and packaging materials as prescribed
by Article 22 (2); and
5. The submission of data on the plan for developing technology required to recycle resources and
the records thereof.
Article 48 (Delegation and Entrustment of Authority)
(1) The Minister of Environment shall delegate his authority falling under
each of the following
subparagraphs to the Mayor/Do governor in accordance with Article 38 (1) of the Act: 1. Deleted; and 2. Imposition and collection of a fine for negligence under Article 41 (1) 1 through 6, Article 41
(1) 6-2 through 6-6 and Article
41 (2) of the Act.
(2) Deleted. 1. Notice pressing any person for the payment of waste charges in arrears and the imposition of
additional charges under Article
12 (3) of the Act;
2. The compulsory collection of waste charges or additional charges under Article 12 (4) of the Act;
3. Notice pressing any person for the payment of recycling dues in arrears and the imposition of
additional charges under Article
19 (3) of the Act;
4. The compulsory collection of recycling dues and additional charges under Article 19 (4) of the
Act;
5. Order given to make a report and check (limited to a case where it is required to perform the
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entrusted work) under Article 36 (1) of the Act;
6. The imposition, collection and refund of deposit money under Article 3 of the Addenda of the
Act;
7. The receipt of submitted material pertaining to the delivery record of goods under Article 12 (1);
8. The calculation and the payment notice of waste charges for any manufacturer under Article 12
(2) and (3);
9. The calculation of waste charges for any importer and the confirmation of whether he is liable
to pay such waste charges under
Article 13 (1) and (2);
10. The settlement and refund of waste charges for any importer under Article 14;
11. The check and ascertainment of any delivery and import record of goods and payment notice
of the difference of waste charges
under Article 15 (1) and (2);
12. The designation of goods and packaging materials subject to separation and discharge sign under
subparagraph 2 of Article 16;
13. The receipt of submitted data pertaining to the delivery quantity of goods and packaging materials
under Article 22 (2);
14. The receipt of the plan for meeting recycling obligations under Article 24;
15. The examination and approval of the plan for meeting recycling obligations and the receipt of
data submitted under Article 25;
16. The receipt of the report on the result of meeting recycling obligations under Article 26;
17. The calculation, imposition and payment notice of recycling dues under Article 28;
18. The check and identification of any producer liable to recycle wastes, etc., and the payment notice
of the difference of recycling
dues under Article 29 (1) and (2); and
19. The development and operation of the information system under Article 45.
Article 49 (Accounting Institution of Waste Charges,
etc.)
(1) The president of the Korea Environment and Resources Corporation shall appoint an officer in charge
of the revenue work
of collecting waste charges and recycling dues that is entrusted with under Article
48 (3) from among standing directors of the
Korea Environment and Resources Corporation and employees
in charge of the revenue work of collecting waste charges and recycling
dues from among its employees.
Article 50 Deleted.
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2003: Provided, That the amended provisions of subparagraph
1 of Article 18 (limited
to film packaging materials), and subparagraph 7 of Article 18 shall enter
into force on January 1, 2004 and the amended provisions
of subparagraph 6 (f) and (g) of Article
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
798
18 and Article 30 (limited to goods provided for in subparagraph 6 (f) and (g) of Article 18) shall enter
into force on January
1, 2005.
Article 2 (Application Example concerning Waste Charges of Plastic Goods)
The waste charges of plastic goods provided for in the
amended provisions of Article 10 (1) 7 shall
apply, starting with the portion that is delivered or imported first after the enforcement
of this Decree.
Article 3 (Transitional Measures concerning Waste Charges)
Cosmetics using plastic containers provided for in the
previous provisions of subparagraph 2 of Article
17, confectionery using compound material containers provided for in the previous
provisions of subparagraph
3 of Article 17, lithium batteries provided for in the previous provisions of subparagraph 4 of Article
17 and the calculation of waste charges according to the delivery record of goods in 2002 which shall
be paid by the manufacturers
of synthetic resins provided for in the previous provisions of subparagraph
9 of Article 17, the payment period thereof and procedures
therefor, etc. shall be all governed by the previous
provisions.
Article 4 (Special Case concerning Calculation and Publication of Total Mandatory Recycling Quantity)
Notwithstanding the amended
provisons of Article 22 (1), the Minister of Environment may calculate
and publish the total mandatory recycling quantity by goods
and packaging materials in 2003 by January
31, 2003.
Article 5 (Special Case concerning Submission of Plan for Meeting Recycling Obligations)
Notwithstanding the amended provisions
of Article 24, every producer liable to recycle wastes or
the mutual aid association may submit his or its plan for meeting recycling
obligations in 2003 by
March 31, 2003.
Article 6 (Relations with Other Acts and Subordinate Statutes)
Where the provisions of the former Enforcement Decree of the Act
on the Promotion of Saving and
Recycling of Resources have been cited in other Acts at the time this Decree enters into force, and
if the provisions corresponding thereto exist in this Decree, this Decree or corresponding provisions
in this Decree shall be deemed
cited in lieu of the former provisions.
ADDENDA
This Decree shall enter into force on July 1, 2003.
Articles 2 through 6 Omitted.
ADDENDA
This Decree shall enter into force on January 31, 2004.
Articles 2 through 4 Omitted.
ADDENDUM
7. Enforcement Decree of the Act on the Promotion of Saving and Recycling of Resources
799
ADDENDA
This Decree shall enter into force on July 1, 2004.
Article 2 Omitted.
ADDENDUM
(2) (Special Example concerning Person Liable for Recycling Wastes of Packaging Materials) A manufacturer
and a distributor who
records 1 billion won or more of yearly sales amount, and an importer who records
300 million won of yearly import amount in the
year of 2003 shall be deemed, not-withstanding the
amended provisions of the attached Table 4, persons liable for recycling wastes
of packaging materials
in the year of 2005.
(3) (Special Example concerning Calculation of Mandatory Recycling Rate) In calculating the mandatory
recycling rate by goods and
packaging materials for the year of 2005 under the amended provisions
of the attached Table 5, the mandatory recycling rate by goods
and packaging materials in 2004 shall
be the value obtained by dividing the aggregate quantity of the mandatory recycling quantities
by goods
and packaging materials of the individual persons liable for recycling wastes in 2004 by the aggregate
quantity of the
delivery quantities by goods and packaging materials of the individual persons liable
for recycling wastes in 2003.
ADDENDA
This Decree shall enter into force on July 1, 2005.
Article 2 Omitted.
ADDENDUM
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
800
ADDENDUM
This Decree shall enter into force on June 4, 2006.
Articles 2 through 6 Omitted.
ADDENDUM 1. Between January 1, 2008 and December 31, 2009: 20/100; and
2. Between January 1, 2010 and December 31, 2011: 60/100.
(3) (Transitional Measures following Special Example of Calculation Standards
for Waste Charge) When
the calculation standards for waste charge by item pursuant to the amended provisions of paragraph
(2) 1
of Addenda are lower than the calculation standards for waste charge by item pursu ant to the
previous provisions, they shall be
pursuant to the previous provisions: Provided, That to the imported
plastic goods and packing materials thereof pursuant to the
amended provisions of subparagraph 6 of
Table 2, this shall not apply.
ADDENDUM
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
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ADDENDA
This Decree shall enter into force on September 28, 2007.
Articles 2 through 5 Omitted.
ADDENDUM
:
88
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Published in Dec. 2008
Environmental law
Publisher : Ministry of Environment
Editor : Legal Affairs & Regulations Reform Office
TEL : 02-2110-6638
Printer : Nare Printing Company
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(http://www.me.go.kr
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