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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 734
ACT ON THE CONTROL OF TRANSBOUNDARY MOVEMENT OF HAZARDOUS WASTES AND THEIR DISPOSAL
Act No. 4534, Dec. 18, 1992
Amended by Act No. 4714, Jan. 5, 1994
Act No. 5391, Aug. 28, 1997
Act No. 5453, Dec. 13, 1997
Act No. 5529, Feb. 28, 1998
Act No. 5872, Feb. 8, 1999
Act No. 6361, Jan. 16, 2001
Act No. 8260, Jan. 19, 2007
Act No. 8470, May 17, 2007
Act No. 8852, Feb. 29, 2008
CHAPTER GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to prevent any environmental pollution caused by the transboundary movement
of wastes and to improve
international cooperation by controlling the export, import, and inland transit
(hereinafter referred to as "export, import, etc.")
of wastes for the purposes of implementing the Basel
Convention on the Control of Transboundary Movements of Hazardous Wastes and
Their Disposal
and bilateral, multilateral or regional agreements based on the same Convention.
Article 2 (Definitions)
For the purposes of this Act, 1. the term "wastes" means wastes referred to in the Annexes, etc. of the Basel Convention on the
Control of Transboundary Movements
of Hazardous Wastes and Their Disposal (hereinafter referred
to as the "Convention") and substances which are determined as necessary
for the regulation of
export and import by bilateral, multilateral or regional agreements referred to in Article 11 of
the Convention,
and determined by Presidential Decree;
2. the term "parties to the Convention" means countries or international organizations which have acceded
to the Convention; and
3. the term "movement documents" means any document specifying information to be included in the
notification as prescribed in the
Annexes to the Convention.
Article 3 (Scope of Application)
(1) This Act shall not apply to radioactive substances prescribed in the Atomic Energy Act and substances
contaminated thereby.
(2) This Act shall not apply to wastes discharged in sea areas pursuant to the Marine Environment Management
Act, and wastes discharged
as a result of the navigation of ships.
(1) The State shall recognize the possibility of harm inflicted on human health and the environment by
transboundary movement of
wastes, and adopt a proper policy to control and manage the export, import,
. Waste Management
4. Act on the Control of Transboundary Movement of Hazardous Wastes and Their Disposal
735
etc. of wastes for the health of citizens and the prevention of environmental pollution.
(2) The State shall cooperate with parties
to the Convention, etc. to develop technology, collect, utilize,
and disseminate information, establish a management system, etc.
for the proper control of wastes.
(3) The State shall provide assistance to the development, transfer, etc. of technology related
to wastes.
Article 5 (Obligations of Exporters, Importers, etc. of Wastes)
(1) No person who exports, imports, transports, or disposes
of wastes shall cause any danger or injury
to the environment and human health due to the export, import, etc. of wastes, and such
person shall,
to this end, make positive efforts for the development of techniques and mutual exchange of information.
(2) If any
danger or injury to the environment and human health is caused by the export, import, etc.
of wastes, the person who exports, imports,
transports, or disposes of wastes, shall take all measures
necessary for the removal thereof.
CHAPTER CONTROL AND MANAGEMENT OF EXPORTS,
IMPORTS, ETC. OF WASTES
Article 6 (Permission for Exports of Wastes)
(1) Any person who desires to export wastes shall obtain permission from the Minister of Environment
as prescribed by Presidential
Decree. The same shall also apply to cases where he/she desires to amend
permitted matters.
(2) The Minister of Environment may, if any person applies for permission on the export of wastes referred
to in the provision of
paragraph (1) or applies for amendment of permitted matters, grant permission thereon
only when such case falls under any of the
following subparagraphs:
1. When no technology or facilities are available domestically to treat such wastes in a sound and
proper manner; and
2. When such wastes are needed as raw materials for recycling industries of the state of import.
(3) If the Minister of Environment
intends to grant an export permit as referred to in paragraph (2),
he/she shall obtain the consent of the state of import and state
of transit of wastes which he/she
desires to export: Provided, That in cases where it is determined by Presidential Decree, he/she
may grant permission without obtaining such consent.
(5) If wastes of the same physical and chemical properties are exported to the same person through
the same domestic customshouse
and the same customshouse of state of import, the Minister of Environment
may permit such export with a period fixed within the
limit of twelve months.
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
736
to the export wastes (hereinafter referred to as "export movement documents") as prescribed by Presidential
Decree. The same shall
also apply to an amendment to the details of such export movement documents.
(2) Where a person who is granted permission for the
export of wastes ceases to export such wastes,
he/she shall report to the Minister of Environment with the export movement documents
on the
wastes as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 5872, Feb. 8, 1999]
Article 8 (Transportation of Export Wastes)
(1) A person who transports export wastes shall carry with himself/ herself the export movement
documents with respect to such wastes
and in cases where he/she delivers them, he/she shall enter in
such documents the date of delivery and other matters prescribed
by Presidential Decree and sign thereon.
(2) A person who transports export wastes shall observe the terms entered in the export
movement
documents: Provided, That the same shall not apply to cases where he/she carries them in according
to an order to carry-in
issued under Article 20 (1).
Article 9 Deleted.
(1) Any person who desires to import wastes shall obtain permission from the Minister of Environment
as prescribed by Presidential
Decree. The same shall also apply to cases where he/she desires to
amend permitted matters.
(2) The Minister of Environment may, if any person applies for permission on the import of wastes referred
to in the provisions
of paragraph (1) or applies for amendment of permitted matters, grant permission
thereon only when such case falls under any of
the following subparagraphs:
1. When the technology and facilities necessary to treat such wastes in a sound and proper manner
are available; and
2. When such wastes are used as raw materials for recycling industries.
(3) In granting permission on import as referred to in paragraph
(2), the Minister of Environment shall
not grant such permission if the competent authority of the state of export does not make
any request
for the consent to the import of wastes: Provided, That the same shall not apply in cases where
they are not provided
for as wastes subject to control of transboundary movements pursuant to
Acts and subordinate statutes of the state of export.
(5) The Minister of Environment may, upon granting permission under paragraph (2), attach necessary
conditions thereto.
(6) If the same person imports wastes of the same physical or chemical properties through the same
customshouse of the state of
export and the same customshouse in Korea, the Minister of Environment
may permit it with a period fixed within the limit of 12
months. 4. Act on the Control of Transboundary Movement of Hazardous Wastes and Their Disposal
737
Act No. 5529, Feb. 28, 1998; Act No. 6361, Jan. 16, 2001>
Article 11 (Preparation of Import Movement Documents)
Any person who
has obtained permission for the import of wastes (including permission for amendments;
hereinafter the same shall apply) under Article
10 (1) shall, if the wastes are imported into the Republic
of Korea, prepare movement documents with respect to the imported wastes
(hereinafter referred to
as "import movement documents") under the conditions determined by Presidential Decree. The
same shall
also apply to an amendment to the details of import movement documents.
[This Article Wholly Amended by Act No. 5872, Feb. 8, 1999]
Article 12 (Transportation or Disposal of Imported Wastes)
(1) Any person who transports or disposes of imported wastes shall carry
with him/her import
movement documents and movement documents issued in accordance with the Acts and subordinate
statutes of the
state of export (limited to imported wastes prescribed by the Acts and subordinate
statutes of the state of export as wastes subject
to the control of transboundary movement; hereinafter
referred to as "movement documents issued by the state of export"), and where
he/she delivers the
import wastes, he/she shall enter the date of delivery and other matters determined by Presidential
Decree
in the import movement documents and sign thereon.
(1) If imported wastes are handed or taken over, the import movement documents and the movement
documents issued by the state of
export shall be delivered together therewith.
(2) Any person who has taken over imported wastes under paragraph (1) shall report to the Minister
of Environment under the conditions
prescribed by Presidential Decree.
Article 14 (Notice of Results of Treatment of Imported Wastes, etc.)
Any person who has completed the treatment of imported wastes
shall promptly furnish documents
describing the receipt of the relevant wastes and the results of their treatment to the competent
authority
and the exporter thereof of the state of export and then submit the copy thereof to the Minister
of Environment under
the conditions prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 6361, Jan. 16, 2001]
Article 15 (Revocation
of Permission on Export or Import of Wastes)
(1) If a person who has obtained permission on the export or import of wastes falls
under any of
the following subparagraphs, the Minister of Environment may revoke his/her permission: 1. When he/she obtains permission by deceitful or other unlawful means;
2. When he/she fails to fulfill any condition provided for in Article 6 (4) or 10 (5);
3. When new information reveals that the export or import-permitted wastes may cause any environ-
mental pollution not anticipated
at the time the permission was granted;
4. When he/she fails to prepare an export movement document (including amending to the details
entered in such document) in violation
of the provisions of Article 7 (1) or prepares such document
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
738
falsely;
5. When he/she fails to observe the terms entered in an export movement document in violation
of the provision of the main sentence
of Article 8 (2);
6. When he/she fails to prepare an import movement document (including amending to the details
entered in such document) in violation
of the provisions of Article 11 or prepares such document
falsely;
7. When he/she fails to observe the terms entered in an import movement document in violation
of the provision of the main sentence
of Article 12 (2);
8. When he/she violates the restrictions referred to in the provisions of Article 18 (1) or (2);
9. When he/she violates an order to ship in, etc. as provided for in Article 20 (1); and
10. When he/she refuses, obstructs or evades entrance and inspection referred to in the provisions
of Article 22 (1).
(2) Deleted.
Article 16 (Agreements, etc. on Transit of Wastes)
(1) When the competent authority of a state of export makes a request for consent
to transit export
wastes through Korea, the Minister of Environment shall determine whether he/she consents to it
and notify the
state of export.
Article 18 (Designation of Export or Import Port, etc.)
(1) In granting permission on the export or import of wastes, the Minister
of Environment may designate
any shipment or loading and unloading port or restrict the shipment or loading and unloading zone after
consulting with the Minister of Land, Transport and Maritime Affairs.
(1) If there arises any cause to take any emergency measure for the environment and human health,
the Minister of Environment may
ban or limit any export or import of wastes for a fixed period
of time as prescribed by Presidential Decree.
(2) Any wastes that are feared to pose dangers to human health and the environment shall be prohibited
from being exported or imported.
4. Act on the Control of Transboundary Movement of Hazardous Wastes and Their Disposal
739
(4) The wastes and the nation referred to in paragraphs (2) and (3) shall be prescribed by Presidential
Decree.
(1) If any person who has exported or imported wastes falls under any of the following subparagraphs,
the Minister of Environment
may order him to ship in or out the wastes for a fixed period of time,
or order him to manage them by proper means: 1. When he/she exports or imports such wastes without obtaining permission as provided for in
Article 6 (1) or 10 (1);
2. When he/she exports or imports such wastes without fulfilling the conditions provided for in
Article 6 (4) or 10 (5);
3. When the contents of the request for consent to import by the state of export under Article 10
(4) do not agree with those of
the movement documents issued by the state of export; and
4. When it is decided that the exported or imported wastes are remarkably dangerous enough to
cause any environmental pollution not
anticipated at the time permission was granted.
(2) When the heads of administrative agencies concerned find that a person who has
exported or
imported wastes falls under any subparagraph of paragraph (1), they may request the Minister of
Environment to take
any necessary measures, such as shipping in or out such wastes, etc.
(1) If a person who has received an order under Article 20 (1) fails to carry out such order for
the prescribed period, the Minister
of Environment shall execute it vicariously under the conditions
as prescribed by the Administrative Vicarious Execution Act, and
the expenses for such execution
may be collected from the person who has exported or imported such wastes.
Article 22 (Reports, Inspection, etc.)
(1) The Minister of Environment may require a person who falls under any of the following subparagraphs
to make a report, or may
request him/her to submit materials, or may have any related public official
enter any office, business place, wastes storage place
to inspect the relevant documents, facilities,
equipment, storage conditions as prescribed by Presidential Decree: 1. A person who has obtained permission for export under Article 6 (1);
2. A person who transports export wastes under Article 8 (1);
3. A person who has obtained permission for import under Article 10 (1);
4. A person who transports or disposes of imported wastes under Article 12 (1); and
5. A person who has taken over imported wastes under Article 13 (1).
(2) Any public official who enters to conduct inspection under
paragraph (1) shall carry with himself/herself
a certificate indicating his/her competence to do so and show it to a person concerned.
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
740
CHAPTER SUPPLEMENTARY PROVISIONS
Article 23 (Fees)
(1) Any person who desires to obtain permission on export prescribed in Article 6 (1), or permission
on import prescribed in Article
10 (1), shall pay a fee.
(2) The calculation, payment method, and procedure of the fee as referred to in paragraph (1) and
other
necessary matters shall be determined by Presidential Decree.
(3) The fee collected under paragraph (1) shall be paid to the revenue
of the special accounts on
environment improvement under the Act on the Special Accounts on Environment Improvement.
Article 24 (Cooperation with Related Agency)
If it is deemed necessary for attaining the purpose of this Act, the Minister of Environment may
request the head of any related
administrative agency to furnish necessary materials. In this case,
the head of the related administrative agency shall comply with
such request unless justifiable grounds
exist that make it impossible to do so.
Article 25 (Designation of Competent Authority, etc.)
For the purpose of fulfilling the contents of the Convention, the Government
shall designate the competent
authority and liaison officer and notify the Secretariat of the Convention.
Article 26 Deleted.
(1) The authority of the Minister of Environment vested under this Act may be delegated partially
to the head of any agency under
his/her jurisdiction or to the head of any related administrative agency,
or may be consigned to any corporation or organization
as prescribed by Presidential Decree.
Article 28 (Penal Provisions)
Any person who falls under any of the following subparagraphs shall be punished by imprisonment
for not more than five years or
a fine not exceeding 30 million won:
1. A person who exports or imports wastes without obtaining permission under Article 6 (1), or
10 (1); or
2. A person who violates an order issued under Article 20 (1).
Article 29 (Penal Provisions)
Any person who falls under any of the following subparagraphs shall be punished by imprisonment
for not more than three years or
a fine not exceeding 10 million won:
1. A person who fails to prepare or falsifies export movement documents (including the changed export
movement documents) in contravention
of the provisions of Article 7 (1);
. Waste Management
4. Act on the Control of Transboundary Movement of Hazardous Wastes and Their Disposal
741
2. A person who fails to observe the contents described in the export movement documents in contravention
of the provisions of the
text of Article 8 (2);
3. A person who fails to prepare or falsifies import movement documents (including the changed import
movement documents) in contravention
of the provisions of Article 11; and
4. A person who fails to observe the contents described in the import movement documents in contravention
of the provisions of the
text of Article 12 (2).
Article 30 (Penal Provisions)
Any person who falls under any of the following subparagraphs shall be punished by imprisonment
for not more than one year or a
fine not exceeding five million won:
1. A person who violates the restriction as prescribed in Article 18 (1) and (2); and
2. A person who refuses, interferes with, or avoids any entry or inspection as prescribed in Article
22 (1).
Article 31 (Joint Penal Provisions)
If any representative of a corporation or any agent, servant or any other employee of a corporation
or individual commits an offense
prescribed in Articles 28 through 30 in connection with the affairs
of a corporation or another individual, the fine as prescribed
in the respective Articles shall also be
imposed on such a corporation or individual in addition to the punishment of the offender.
Article 32 (Fine for Negligence)
(1) Any person who falls under any of the following subparagraphs shall be punished by a fine
for negligence not exceeding one million
won: 1. A person who fails to make a report in contravention of the provisions of Article 7 (2) or 13
(2);
2. A person who fails to carry with him/her the export movement documents or to enter pertinent
matters in the said documents or
sign them, in contravention of the provisions of Article 8 (1);
3. A person who fails to carry with him/her import movement documents or movement documents
issued by the State of export or to enter
the pertinent matters in the said documents or sign thereon,
in contravention of the provisions of Article 12 (1);
3-2. A person
who fails to furnish the document describing the receipt of wastes and the results
of their treatment to the competent authority
and the exporter of the State of export or to submit
the copy thereof to the Minister of Environment;
4. A person who fails to make the packing, attach marks, etc. in contravention of the provisions
of Article 17 (1); or
5. A person who fails to make the report or present materials as prescribed in Article 22 (1), or
who makes a false report or presents
false materials.
(2) The fine for negligence as referred to in paragraph (1) shall be imposed and collected by the
Minister of
Environment as prescribed by Presidential Decree.
(4) If a person who is subject to the disposition of the fine for negligence as referred to in paragraph
Reproduced from statutes
of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
742
(2) has made an objection under paragraph (3), the Minister of Environment shall notify without delay
the competent court, and the
court shall, upon receiving the notification, bring the case of the fine
for negligence to trial under the Non-Contentious Case
Litigation Procedure Act.
(1) (Enforcement Date) This Act shall enter into force on the day on which the Convention becomes effective
in Korea.
(2) (Transitional Measures) Any person who has obtained the approval of the Minister of Trade, Industry
and Energy on the import
of wastes pursuant to the provisions of the Foreign Trade Act at the time
this Act enters into force, shall be considered to have
obtained the approval on import under this Act
during the term for which the approval on import is valid.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1995.
Articles 2 and 3 Omitted.
ADDENDUM
This Act shall enter into force on January 1, 1998.
ADDENDUM
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures for Application
of Fines for Negligence) The application of fines for negligence
to offenses committed before this Act enters into force shall be
governed by the former provisions.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures
for Change in Authority for Export and Import Permits) Any person who is
granted a permit to export or import wastes by the Minister
of Commerce, Industry and Energy under
the former provisions at the time this Act enters into force shall be deemed to have been
granted a permit
. Waste Management
4. Act on the Control of Transboundary Movement of Hazardous Wastes and Their Disposal
743
to export or import the relevant wastes by the Minister of Environment under this Act.
(3) (Transitional Measures for Application
of Fines for Negligence) The application of fines for negligence
to any acts performed before this Act enters into force shall be
governed by the former provisions:
Provided, that the imposition and collection of fines for negligence shall be governed by the
amended provisions.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 24 Omitted.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures
for Period for Permission on Export and Import of Wastes) A person who
had already obtained permission referred to in Article 6
(4) or 10 (6) at the time when this Act enters
into force in accordance with the former provisions shall be deemed to have obtained
permission in
accordance with the amended provisions of Article 6 (2) or 10 (2) only for such period of time.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
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