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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 716
PROMOTION OF INSTALLATION OF WASTE DISPOSAL FACILITIES AND ASSISTANCE, ETC. TO ADJACENT AREAS ACT
Act No. 4907, Jan. 5, 1995
Amended by Act No. 5396, Aug. 28, 1997
Act No. 5454, Dec. 13, 1997
Act No. 5867, Feb. 8, 1999
Act No. 5893, Feb. 8, 1999
Act No. 5911, Feb. 8, 1999
Act No. 5914, Feb. 8, 1999
Act No. 6654, Feb. 4, 2002
Act No. 6656, Feb. 4, 2002
Act No. 6841, Dec. 30, 2002
Act No. 7169, Feb. 9, 2004
Act No. 7386, Jan. 27, 2005
Act No. 7428, Mar. 31, 2005
Act No. 7678, Aug. 4, 2005
Act No. 8014, Sep. 27, 2006
Act No. 8214, Jan. 3, 2007
Act No. 8338, Apr. 6, 2007
Act No. 8343, Apr. 11, 2007
Act No. 8351, Apr. 11, 2007
Act No. 8352, Apr. 11, 2007
Act No. 8370, Apr. 11, 2007
Act No. 8371, Apr. 11, 2007
Act No. 8423, May 11, 2007
Act No. 8810, Dec. 27, 2007
Act No. 8819, Dec. 27, 2007
Act No. 8820, Dec. 27, 2007
Act No. 8976, Mar. 21, 2008
CHAPTER GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to contribute to environmental conservation and to improvement in the quality of nationals life by facilating installation of waste disposal facilities and promotion of welfare of inhabitants of the
adjacent areas through promoting the securing of sites for waste disposal facilities and support for the inhabitants of adjacent areas.
[This Article Wholly Amended by Act No. 8810, Dec. 27, 2007] Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows:
1. The term "waste disposal facilities" means the waste disposal facilities defined under Article 2 of the Wastes Control Act; and
2. The term "agencies installing waste disposal facilities" means persons under the following items: (a) The Minister of Environment or the head of a local government (including an association of local government agencies incorporated under Article 159 of the Local Autonomy Act; hereinafter . Waste Management
3. Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to Adjacent Areas Act 717
the same shall apply) intending to install and operate following waste disposal facilities: () Waste landfill facilities, the created area of which is larger than 150,000 square meters, with a daily landfill capacity of 300 tons or more; () Waste incineration facilities with a daily treatment capacity of 50 tons or more; and () Other waste disposal facilities determined and announced by the Minister of Environment in consideration of the environmental impact on the adjacent areas (referring to facilities installed by the Minister of Environment only) or prescribed by Municipal Ordinance of a local government (referring to the facilities installed by a local government); and (b) The president of Sudokwon Landfill Site Management Corporation (hereinafter referred to as the "president of Sudokwon Landfill Site Management Corporation") intending to install and operate waste disposal facilities of subitem () or subitem () of item (a) under the Act on the Establishment and Management of Sudokwon Landfill Site Management Corporation. [This Article Wholly Amended by Act No. 8810, Dec. 27, 2007] Article 3 (Reflection in National Land Planning)
In cases where the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Do governor, the Special Self-Governing Province governor, the head of Si or Gun formulates a comprehensive Do planning or a comprehensive Si/Gun planning pursuant to the Framework Act on the National Land, he/she shall reflect a plan for installation of waste disposal facilities for disposal of waste produced from the Do, Special Self-governing Province or Gun concerned in such comprehensive planning as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8810, Dec. 27, 2007] Article 4 (Reflection in Basic Urban Planning)
In cases where the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Special Self-Governing Province governor or the head of Si/Gun formulates a basic urban planning pursuant to Article 18 of the National Land Planning and Utilization Act, he/she shall reflect a comprehensive Do plan under Article 3, a wide area development plan under Article 5 of the Balanced Regional Development and Support for Local Small and Medium Enterprises Act, a plan for installation of waste disposal facilities included in a basic waste disposal plan under Article 9 of the Wastes Control Act by putting them together in such basic urban planning.
[This Article Wholly Amended by Act No. 8810, Dec. 27, 2007] Article 5 (Installation and Operation of Waste Disposal Facilities following Development of Industrial Complex, etc.) (1) A person who intends to develop, install or enlarge an industrial complex, a factory, a tourist resort or a tourist complex (referring to a tourist resort or a tourist complex under the Tourism Promotion Act; hereinafter the same shall apply) falling under any of the following subparagraphs shall directly install and operate waste disposal facilities prescribed by Presidential Decree for disposal of waste produced from such industrial complex, etc. or have another person install and operate such facilities:
1. An industrial complex or a factory discharging waste exceeding the amount prescribed by Presidential Decree;
2. An industrial complex or a factory exceeding the scale prescribed by Presidential Decree; and
3. A tourist resort or a tourist complex exceeding the scale prescribed by Presidential Decree. (2) In cases of paragraph (1), a person who intends to install waste disposal facilities in any place other than the relevant industrial complex, factory, tourist resort or tourist complex due to unavoidable circumstances shall make an installation plan as prescribed by Presidential Decree to obtain approval from the Minister of Environment. The same shall also apply when modifying approved matters. [This Article Wholly Amended by Act No. 8810, Dec. 27, 2007] Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea 718
Article 6 (Installation, etc of Waste Disposal Facilities following Housing Lot Development Project) (1) A person who intends to develop an apartment complex or housing lots exceeding the scale prescribed by Presidential Decree shall install waste disposal facilities prescribed by Presidential Decree for disposal of waste produced from such apartment complex or housing lots, or pay an amount equivalent to the expenses for such installation to the Special Self-Governing Province governor, the head of Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) having jurisdiction over the area concerned.
(2) The Special Self-Governing Province governor and the head of Si/Gun/Gu shall use the amount received under paragraph (1) for the installation of waste disposal facilities for disposal of waste produced from the relevant apartment complex or housing lots. (3) If a person who is to pay an amount quivalent to the expenses for installation under paragraph (1) fails to pay such amount within the payment deadline, the Special Self-Governing Province governor and the head of Si/Gun/Gu shall collect such amount of money by referring to the practices of dispositions on default of local taxes.
(4) Matters necessary for the method of calculation of an amount of money to pay and the procedure for payment, etc. under paragraph (1) shall be prescribed by Presidential Decree. [This Article Wholly Amended by Act No. 8810, Dec. 27, 2007] Article 7 (Securing Sites for Waste Disposal Facilities) Any person who should install waste disposal facilities under Article 5 or Article 6 (1) shall take measures to include a plan for securing a site for such facilities in the plan for development, establishment and enlargement of the industrial complex concerned in advance. [This Article Wholly Amended by Act No. 8810, Dec. 27, 2007] Article 8 (Graded Application of Fees for Waste Disposal) The head of a local government operating waste disposal facilities may, when he/she collects fees for disposal of waste at such waste disposal facilities, collect additional dues for the waste brought from the areas other than Si/Gun/Gu (referring to autonomous Gu; hereinafter the same shall apply) where such waste disposal facilities are installed in addition to collecting such fees within the extent as prescribed by Municipal Ordinance of the local government concerned (referring to the articles of association in cases of the association of local government agencies incorporated under Article 159 of the Local Autonomy Act; hereinafter the same shall apply) prescribed by Presidential Decree. [This Article Wholly Amended by Act No. 8810, Dec. 27, 2007] CHAPTER PROMOTION OF PROJECTS INSTALLING
WASTE DISPOSAL FACILITIES
Article 9 (Selection of Locations of Waste Disposal Facilities) (1) An agency installing waste disposal facilities shall, in cases where it intends to install and operate waste disposal facilities, determine and publicly announce a plan for selection of such locations: Provided, That in cases where it falls under any of the following subparagraphs, the same shall not apply:
1. In cases where it installs waste disposal facilities pursuant to Article 5; and
2. In cases of installing waste disposal facilities pursuant to Article 6 (1), in cases where the volume of waste to be brought from the areas other than the relevant apartment complex or housing lots and to be treated does not exceed 50/100 of the disposal capacity of such facilities. (2) Matters under the following subparagraphs shall be included in a plan for selection of location under the main sentence of paragraph (1):
. Waste Management
3. Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to Adjacent Areas Act 719
1. Types and volume of production of waste subject to disposal;
2. Areas subject to waste disposal;
3. Types and scale of waste disposal facilities; and
4. Standards for and method of selection of location. (3) In cases where an agency installing waste disposal facilities has publicly announced a plan for selection of locations under paragraph (1), it shall, without delay, establish the Location Selection Committee (hereinafter referred to as the "Location Selection Committee") in which the representative of inhabitants participate to select locations of the relevant waste disposal facilities as prescribed by Presidential Decree.
(4) When the Location Selection Committee selects a location pursuant to paragraph (3), it shall have the institution selected by the Location Selection Committee from among the specialized research institutions prescribed by Presidential Decree examine the appropriateness of the location of the site proposed in advance and shall consider such result of examination: Provided, That in cases where the Location Selection Committee deems it unnecessary for the specialized research institution to examine the appropri- ateness of the location of a proposed site, it may omit the examination or substitute a written opinion of examination by the related expert prescribed by Presidential Decree for the examination. (5) The Location Selection Committee may, in cases where a majority of the heads of households residing in the area prescribed by Presidential Decree desire the installation of waste disposal facilities in such areas pursuant to the plan for selection of a location under paragraph (1), conduct the examination on the appropriateness of the location of a proposed site under paragraph (4) for such area only. (6) The Location Selection Committee shall open the process of the examination on the appropriateness of the location of a proposed site and the results of such examination (in cases where it has omitted the examination of the appropriateness or substituted a written opinion of examination by the relevant expert for the examination pursuant to the proviso to paragraph (4), referring to the reason of such omission or such written opinion of examination) under paragraphs (4) and (5) to the inhabitants of the relevant area. In such cases, an agency installing waste disposal facilities shall provide support necessary for opening to the public.
(7) In cases where the Location Selection Committee intends to select a place the distance of which from the boundary of another local government (excluding the association of local government agencies incorporated pursuant to Article 159 of the Local Autonomy Act; hereinafter the same shall apply in this paragraph) to the boundary of the site of relevant facilities is within a two-kilometer radius as the location when selecting the location pursuant to paragraph (3), it shall, before selecting the location, request an agency installing waste disposal facilities to consult with the head of the local government concerned with the attachment of the results of examination on the appropriateness of the location of a proposed site and the data for the reason, etc. of selection of such site as the location. In such cases, if an agency installing waste disposal facilities fails to consult with the head of the adjacent local government, it shall make an application for adjustment to the National Environmental Dispute Resolution Commission under Article 4 of the Environmental Dispute Adjustment Act. (8) If an agency installing waste disposal facilities intends to modify important matters prescribed by Presidential Decree, such as the area of site of the location selected pursuant to paragraph (3), etc., it shall obtain the consent of the Location Selection Committee. In such cases, unless the Location Selection Committee has been established, it shall be established in application of paragraph (3) mutatis mutandis.
(9) When the Location Selection Committee under paragraph (8) consents to the modification of the Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea 720
area of site of the location, in cases where the distance from the boundary of the site after the modification to the boundary of another local government is within a two-kilometer radius, it shall request an agency installing waste disposal facilities to consult with the head of the local government concerned before it consents to such modification. In such cases, if an agency installing waste disposal facilities fails to consult with the head of the local government concerned, the latter part of paragraph (7) shall apply mutatis mutandis.
(10) Matters necessary for the operation of the Location Selection Committee under paragraph (3)
and the latter part of paragraph
(8) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8810, Dec. 27, 2007]
Article 10 (Determination
and Announcement of Location of Waste Disposal Facilities, etc.)
(1) An agency installing waste disposal facilities shall, in cases
where it has selected a location for
waste disposal facilities under Article 9, determine and announce such location and offer its
drawings
for public perusal for not less than one month. The same shall also apply to cases where it modifies
important matters
prescribed by Presidential Decree from among the announced matters.
(2) and (3) Deleted.
(5) Contents of the announcement of a location for waste disposal facilities under paragraph (1) and
other necessary matters shall
be prescribed by Presidential Decree.
Article 11 (Legal Fiction as Area of Use for Location outside Urban Area)
In cases where the area for installation of waste disposal
facilities the location of which has been
announced pursuant to Article 10 is located outside the urban area under subparagraph
1 of Article
6 the National Land Planning and Utilization Act, it shall be deemed that such area has been designated
as the planned
control area pursuant to Article 36 (1) of the same Act and that such facilities have
been determined as the urban planning facilities
pursuant to Article 43 (1) of the same Act.
[This Article Wholly Amended by Act No. 8810, Dec. 27, 2007]
Article 11-2 (Restrictions
on Activities within Location of Waste Disposal Facilities, etc.)
(1) A person who intends to engage in any activity falling under
any of the following subparagraphs
within the location of waste disposal facilities announced pursuant to Article 10 (1) shall obtain
permission
from the Special Self-Governing Province governor and the head of Si/Gun/Gu. The same shall also
apply to cases where
he/she intends to modify matters prescribed by Presidential Decree from among
the permitted matters:
1. Manking changes in the form and quality of land;
2. Construction of buildings and structures;
3. Installation of structures;
4. Gathering of earth, stone, sand or gravel;
5. Division of land prescribed by Presidential Decree; and
6. Open-air storage of goods prescribed by Presidential Decree.
(2) If the Special Self-Governing Province governor, the head of
Si/Gun/Gu intends to grant permission
under paragraph (1), he/she shall consult with an agency installing waste disposal facilities
in advance.
(3) The Special Self-Governing Province governor, the head of Si/Gun/Gu may order a person who
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has violated paragraph (1) to restore to the original state.
[This Article Wholly Amended by Act No. 8810, Dec. 27, 2007]
Article
11-3 (Approval of Plans for Installation of Waste Disposal Facilities, etc.)
(1) An agency installing waste disposal facilities
shall, in cases where it has announced the location
of waste disposal facilities pursuant to Article 10 (1), formulate a plan for
installation of waste disposal
facilities.
(2) The head of a local government or the president of the Sudokwon Landfill Site Management Corporation
shall, in cases where he/she
has formulated a plan for installation of waste disposal facilities pursuant
to paragraph (1), obtain approval from the Minister
of Environment. The same shall also apply to
cases where he/she modifies matters prescribed by Presidential Decree from among the
approved matters.
(3) In cases where the Minister of Environment has formulated a plan for installation of waste disposal
facilities
pursuant to paragraph (1) or has approved a plan for installation of waste disposal facilities
pursuant to paragraph (2), he/she
shall publicly announce such plan in the official gazette, internet
media such as homepage, etc. and one central daily newspaper
or more, respectively.
(4) Matters to be included in the plan for installation of waste disposal facilities under paragraph (1)
shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8810, Dec. 27, 2007]
Article 12 (Legal Fiction as Authorization and Permission, etc. under
other Acts and Subordinate Statutes)
(1) In cases where the plan for installation of waste disposal facilities has been publicly
announced
pursuant to Article 11-3 (3), it shall be deemed that an agency installing waste disposal facilities
has obtained permission,
designation, authorization, approval, recognition, determination, license and
announcement, and public notice falling under any
of the following subparagraphs: 1. Permission under Article 11-2 (1);
2. Approval of the installation of waste disposal facilities under Article 29 (2) of the Wastes Control
Act;
3. Permission for development activities under Article 56 (1) of the National Land Planning and Utilization
Act, designation and
announcement of a project performer of the urban planning facilities under
Article 86 of the same Act, and formulation, authorization
and announcement of the implementation
plan under Articles 88 and 91 of the same Act;
4. Authorization of water supply projects under Articles 17 and 49 of the Water Supply and Waterworks
Installation Act and authorization
of the installation of exclusive water supply under Articles 52
and 54 of the same Act;
5. Permission for the performance of public sewerage works under Article 16 of the Sewerage Act;
6. Permission for the occupancy or use of public waters under Article 5 of the Public Waters Management
Act and approval or report
of the implementation plan under Article 8 of the same Act;
7. Permission for the performance of harbor works under Article 9 (2) of the Harbor Act and approval
of the implementation plan under
Article 10 (2) of the same Act;
8. Permission for the performance of river conservation works under Article 30 of the River Act,
and permission for the occupancy
of river under Article 33 of the same Act and permission for
the use of river water under Article 50 of the same Act;
9. Recognition of the route of road under Articles 11 through 16 of the Road Act, determination of
the area of a road under Article
24 of the same Act, permission for the performance of road construction
under Article 34 of the same Act, permission for the occupancy
of a road under Article 38 of
the same Act;
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
722
10. Permission for the diversion of farmland under Article 34 of the Farmland Act;
11. Permission for the diversion of mountainous districts under Articles 14 of the Management of
Mountainous Districts Act and report
of the diversion of mountainous districts under Article 15
of the same Act, and permission for deforestation under Article 36 (1)
of the Creation and Management
of Forest Resources Act, report of deforestation under Article 36 (4) of the same Act, and permission
for activities in a reserved forest under Article 45 (1) of the same Act and report of activities
in a reserved forest under Article
45 (2) of the same Act;
12. Permission for deforestation, etc. under Article 14 of the Work against Land Erosion or Collapse
Act, and cancellation of the
designation of erosion control land under Article 20 of the same Act;
13. Permission for the diversion of grassland under Article 23 of the Grassland Act;
14. Permission for the construction of private roads under Article 4 of the Private Road Act;
15. Permission for the reinterment of graves placed in another person's land under Article 27 of the
Funeral Services, etc. Act;
16. Approval for the use of facilities other than the purpose of agricultural infrastructure under Article
22 of the Rearrangement
of Agricultural and Fishing Villages Act; and
17. Permission for the reclamation under Article 9 of the Public Waters Reclamation Act, and approval
of implementation plans under
Article 15 of the same Act.
(2) In cases where the Minister of Environment intends to decide on or approve a plan for installation
of waste disposal facilities, including the matters under the subparagraphs of paragraph (1), he/she
shall consult with the head
of the administrative agency concerned. In such cases, the head of the
administrative agency concerned shall present his/her opinion
within 30 days from the date when he/she
has received a request for consultation from the Minister of Environment.
[This Article
Wholly Amended by Act No. 8810, Dec. 27, 2007]
Article 13 (Mediation of Disputes on Foreseeable Losses, etc.)
(1) In cases where
it is forseeable that the installation and operation of waster disposal facilities under
a plan for installation of waste disposal
facilities under Article 11-3 will cause losses to inhabitants
in the adjacent areas of such waste disposal facilities, an agency
installing waste disposal facilities
shall take measures therefor.
(2) In cases where a dispute arises on the foreseeable losses due to the installation of waste disposal
facilities under a plan
for installation of waste disposal facilities under Article 11-3, the party or both
parties concerned may file an application for
dispute adjustment with the National Environmental Dispute
Resolution Commission under the Environmental Dispute Adjustment Act.
(3) The Environmental Dispute Adjustment Act shall apply to the resolution under paragraph (2),
in such cases, it shall be deemed
that the resolution under paragraph (2) is that under the same Act.
[This Article Wholly Amended by Act No. 8810, Dec. 27, 2007]
Article 14 (Expropriation or Use of Land, etc.)
(1) An agency installing waste disposal facilities may, in cases where it announces a location for
waste disposal facilities under
Article 10, may expropriate or use the land, etc. of the following subparagraphs
necessary for the installation of waste disposal
facilities and the execution of measures for migration
in the area included in such announcement:
1. Land, buildings and other objects fixed on such land; and
2. Rights other than ownership on land, buildings and objects fixed on such land.
(2) When applying paragraph (1), in cases where
the location of waste disposal facilities has been
determined and announced, it shall be deemed that a project has been approved
and the approval of
the project has been publicly announced under Articles 20 (1) and 22 of the Act on the Acquisition
. Waste
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723
of Land, etc. for Public Works and the Compensation Therefor, and an application for adjudication
shall be made within three years
from the date when the location of waste disposal facilities has
been publicly announced, notwithstanding Articles 23 (1) and 28
(1) of the same Act.
(3) The Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor shall
be applied
to the expropriation or use under paragraph (1) except for the matters especially prescribed
in this Act.
[This Article Wholly Amended by Act No. 8810, Dec. 27, 2007]
Article 15 (Support for Inhabitants in Location of Facilities)
An
agency installing waste disposal facilities may provide support for inhabitants residing in the site
for the relevant waste disposal
facilities as prescribed by Presidential Decree in consideration of the
loss of their livelihood base, etc. caused by the installation
of such waste disposal facilities: Provided,
That the same shall not apply to persons who are to migrate according to the measures
for migration
under Article 18.
[This Article Wholly Amended by Act No. 8810, Dec. 27, 2007]
Article 16 Deleted.
AFFECTED BY WASTE DISPOSAL FACILITIES
Article 17 (Determination and Announcement of Affected Adjacent Areas)
(1) An agency installing waste disposal facilities shall
determine and announce the adjacent areas
to be affected environmentally by the installation and operation of such waste disposal
facilities (hereinafter
referred to as the "affected adjacent areas") within the period prescribed by Presidential Decree from
the date when the plan for installation of waste disposal facilities under Article 11-3 has been publicly
announced.
(2) In cases where an agency installing waste disposal facilities intends to determine and announce
the affected adjacent areas
pursuant to paragraph (1), it shall have a specialized research institution
selected by the Inhabitants Support Consultative Body
organized pursuant to Article 17-2 (hereafter
referred to as the "Support Consultative Body") investigate the environmental impact
and shall converge
the results of such investigation: Provided, That in cases where the Support Consultative Body does
not deem
it necessary to investigate the environmental impact on the adjacent areas, it may omit
the investigation concerned or substitute
it by the written opinion of examination of the related expert.
(3) The affected adjacent areas shall be classified as follows:
1. Sphere of direct influence: An area the migration of inhabitants of which is deemed necessary
because it is anticipated that activities
of human and animals, agricultural products, stock farming
products, forest products or fishery products are directly affected environmentally
as a result of
investigation on the environmental impact pursuant to paragraph (2); and
2. Sphere of indirect influence; An area, as an area within the extent prescribed by Presidential Decree,
other than the sphere of
direct influence which is anticipated to be affected environmentally as
a result of investigation on the environmental impact pursuant
to paragraph (2): Provided, That
in cases where it is deemed especially necessary, an area outside the extent prescribed by Presidential
Decree
may be included.
(4) A person who owns land, etc. in the area determined as the sphere of direct influence under paragraph
Reproduced from statutes
of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
724
(3) may request an agency installing the waste disposal facilities concerned to purchase his/her land,
etc. as prescribed by Presidential
Decree. In such cases, the Act on the Acquisition of Land, etc. for
Public Works and the Compensation Therefor shall be applied
to such purchase.
(5) An agency installing waste disposal facilities shall use the land purchased pursuant to paragraph
(4) for
convenience and beneficial facilities for inhabitants or green belt under Articles 20 and 23 and
for other purposes prescribed by
Presidential Decree.
[This Article Wholly Amended by Act No. 8810, Dec. 27, 2007]
Article 17-2 (Criteria for Composition and Function
of Support Consultative Body)
(1) An agency installing waste disposal facilities shall constitute the Support Consultative Body
from
among members of the municipal assembly of the Special Self-Governing Province, Si/Gun/Gu of
the seat of the waste disposal
facilities concerned, the representative of inhabitants, and experts recom-
mended by the representative of inhabitants in consultation
with the competent Special Self-Governing
Province governor, the head of Si/Gun/Gu, and the municipal assembly of the Special Self-Governing
Province, Si/Gun/Gu, however, a person falling under any of the following subparagraphs shall not
be a constituent of the Support
Consultative Body:
1. An incompetent, a quasi-incompetent or a person who was declared bankrupt and has not been
reinstated;
2. A person in whose case two years have not passed since his/her imprisonment without labor
or heavier punishment, as declared by
a court, was completely executed (including cases where
the execution has been fulfilled) or exempted;
3. A person who is under the suspension of the execution of imprisonment without labor or heavier
punishment as declared by a court;
and
4. A person whose qualification has been suspended or repudiated by the law or a decision of the
court.
(2) The function of the Support Consultative Body shall be as follows:
1. Selection of a specialized research institution for investigation of environmental impact under Article
17 (2);
2. Consultation on the installation of convenience and beneficial facilities for inhabitants of areas under
Article 20;
3. Consultation on projects of support for inhabitants of affected adjacent areas under Article 22 (4);
4. Recommendation of resident watchers under Article 25 (1); and
5. Other matters prescribed by Presidential Decree.
(3) Detailed method of composition of the Support Consultative Body shall be
prescribed by Presidential
Decree.
[This Article Wholly Amended by Act No. 8810, Dec. 27, 2007]
Article 18 (Measures for Migration)
(1) An agency installing waste disposal facilities may, in cases where it installs waste disposal facilities
exceeding the scale
prescribed by Presidential Decree, may take measures for migration of inhabitants
from the site for the facilities concerned and
in the sphere of direct influence thereof.
(2) The Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor
shall
be applied to the measures for migration under paragraph (1).
[This Article Wholly Amended by Act No. 8810, Dec. 27, 2007>
Article 19 (Reflection in Regional Development Plan)
(1) In cases where a plan for installation of waste disposal facilities under
Article 11-3 for waste
disposal facilities exceeding the scale prescribed by Presidential Decree has been publicly announced,
the
head of a local government (excluding the association of local government agencies incorporated
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725
pursuant to Article 159 of the Local Autonomy Act; hereinafter the same shall apply in this paragraph)
shall reflect the matters
promoting the regional development, such as the inducement of industries
for areas adjacent to such facilities and the expansion
of infrastructures, etc. in the regional development
plan of the relevant areas.
(2) The Minister of Environment or the president of the Sudokwon Landfill Site Management Corporation
may request the Special Metropolitan
City Mayor, the Metropolitan City Mayor, the Do governor,
the Special Self-Governing Province governor or the head of Si/Gun having
jurisdiction over the affected
adjacent areas to reflect the matters promoting regional development in the regional development
plan
pursuant to paragraph (1).
[This Article Wholly Amended by Act No. 8810, Dec. 27, 2007]
Article 20 (Installation of Convenience and Beneficial Facilities for
Inhabitants)
An agency installing waste disposal facilities shall install convenience and beneficial facilities for inhabitants
of the area, such as physical training facilities, etc. in the site for the relevant waste disposal facilities
or in the adjacent
area in consultation with the Support Consultative Body as prescribed by Presidential
Decree: Provided, That in cases where the
Support Consultative Body does not desire the installation
of all or part of such convenience and beneficial facilities, it may
contribute an amount of money
equivalent to expenses for installation of such facilities to the inhabitants support fund under Article
21.
[This Article Wholly Amended by Act No. 8810, Dec. 27, 2007]
Article 21 (Creation of Inhabitants Support Fund)
(1) An agency
installing waste disposal facilities shall create an inhabitants support fund to provide
support for inhabitants in the affected
adjacent areas.
(2) The inhabitants support fund shall be created by the following financial resources:
1. Contributions from an agency installing waste disposal facilities;
2. An amount of money calculated as prescribed by Presidential Decree from among the fees collected
for waste brought in the relevant
waste disposal facilities;
3. Additional dues under Article 8;
4. Earnings accruing from the management of the fund; and
5. Contributions from other local governments intending to bring and treat waste in the waste disposal
facilities concerned.
(3) The Minister of Environment may delegate affairs of the operation and management of the inhabitants
support fund created pursuant
to paragraph (1) to the Special Metropolitan City Mayor, the Metropolitan
City Mayor, the Do governor or the Special Self-Governing
Province governor.
(4) The operation and management of the inhabitants support fund and other necessary matters shall
be prescribed
by Presidential Decree.
[This Article Wholly Amended by Act No. 8810, Dec. 27, 2008]
Article 22 (Support for Affected Adjacent Areas with Inhabitants Support
Fund)
(1) The inhabitants support fund under Article 21 shall be used for projects to subsidize the increase
of income and the
promotion of welfare of the inhabitants of the affected adjacent areas.
(2) Kinds and amounts of money for support projects under
paragraph (1) may vary as classified
by the sphere of direct influence and the sphere of indirect influence.
(3) Support under
paragraph (1) may be provided by inhabitants or by households of the affected
adjacent areas.
(4) Necessary matters, such as kind of support projects, standards for and method of support, etc.
under the provisions of paragraphs
(1) through (3) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8810, Dec. 27, 2007]
Reproduced
from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
726
Article 23 (Standards for Installation of Facilities, such as Subsidiary Facilities, etc.)
(1) An agency installing waste disposal
facilities shall install subsidiary facilities, such as landscaping,
dustproof and soundproof facilities, etc. around access roads
to prevent environmental pollution of the
affected adjacent areas.
(2) Necessary matters, such as kinds and standards for installation of subsidiary facilities, etc. under
paragraph (1) shall be
prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8810, Dec. 27, 2007]
Article 24 Deleted.
(1) An agency installing waste disposal facilities may, if the Support Consultative Body requests, have
local residents recommended
by the Support Consultative Body (hereinafter referred to as "resident
watchers") observewatch the process, etc. of bringing in
and disposal of waste.
(2) An agency installing waste disposal facilities shall supervise the activities of resident watchers
under
paragraph (1) and pay allowances thereto according to the following standards:
1. In cases where an agency installing waste disposal facilities is the Minister of Environment: Standards
determined and announced
by the Minister of Environment;
2. In cases where an agency installing waste disposal facilities is the head of a local government:
Standards as prescribed by Municipal
Ordinance of the local government concerned; and
3. In cases where an agency installing waste disposal facilities is the president of the Sudokwon
Landfill Site Management Corporation:
Standards determined and announced by the president of
the Sudokwon Landfill Site Management Corporation.
(3) Number and scope
of activities of resident watchers under paragraph (1) shall be prescribed
by Presidential Decree.
[This Article Wholly Amended by Act No. 8810, Dec. 27, 2007]
Article 25-2 (Qualifications for Resident Watchers)
Resident watchers
shall be persons who have been residing in the affected adjacent area for not less
than two years consecutively at the time of appointment
and have been recommended by the Support
Consultative Body: Provided, That a person falling under any of the following subparagraphs
shall
not be a resident watcher:
1. An incompetent, a quasi-incompetent or a person who was declared bankrupt and has not been
reinstated;
2. A person in whose case two years have not passed since his/her imprisonment without labor
or heavier punishment, as declared by
a court, was completely executed (including cases where
it is deemed that such execution has been completed) or exempted;
3. A person who is under the suspension of the execution of imprisonment without labor or heavier
punishment as declared by a court;
and
4. A person whose qualification has been suspended or repudiated by the law or a decision of the
court.
[This Article Wholly Amended by Act No. 8810, Dec. 27, 2007]
Article 26 (Investigation of Environmental Impact and Disclosure to
the Public)
An agency installing waste disposal facilities which has installed and operates waste disposal facilities
exceeding
the scale prescribed by Presidential Decree shall regularly investigate the environmental
impact thereof on the adjacent areas due
to such installation and operation and disclosure it to the
public as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8810, Dec. 27, 2007]
. Waste Management
3. Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to Adjacent Areas Act
727
CHAPTER SUPPLEMENTARY PROVISIONS
Article 27 (Support, etc. for Private Capital Inducement Project)
The Minister of Environment or the head of a local government
may provide financial and administrative
support to a person who intends to install waste disposal facilities pursuant to the Balanced
Regional
Development and Support for Local Small and Medium Enterprises Act and the Act on Private Participation
in Infrastructure.
[This Article Wholly Amended by Act No. 8810, Dec. 27, 2007]
Article 28 (Support for Installation of Comprehensive Waste Disposal
Facilities)
The Minister of Environment and the head of a local government may provide financial support to
any person who installs
or intends to install waste disposal facilities comprehensively handling the
matters of the following subparagraphs for the efficient
disposal of waste:
1. Reduction of volume of waste by compression, crushing, sorting or such;
2. Recycling of waste and covering waste to compost;
3. Reduction or elimination of harmful ingredients of waste; and
4. Incineration or landfill of waste.
[This Article Wholly Amended by Act No. 8810, Dec. 27, 2007]
Article 29 (Research and Development,
etc.)
The Minister of Environment and the head of a local government may have a specialized research
institution prescribed by Presidential
Decree promote research and development, and provide financial
support therefor to develop and disseminate the techniques of installation
and operation of waste disposal
facilities.
[This Article Wholly Amended by Act No. 8810, Dec. 27, 2007]
Article 30 (Delegation and Entrustment of Authority and Operations)
(1) The authority of the Minister of Environment under this Act may be delegated in part to the
Special Metropolitan City Mayor,
the Metropolitan City Mayor, the Do governor, the Special Self-Governing
Province governor or the head of a local environmental
government agency as prescribed by Presidential
Decree.
(2) The Minister of Environment or the head of a local government may, if deemed necessary to
effectively manage and operate waste
disposal facilities installed pursuant to this Act, entrust an agency
prescribed by Presidential Decree with such management and
operation.
(3) When applying the provisions of Articles 129 through 132 of the Criminal Act, it shall be deemed
that executives
and employees of an agency which has been entrusted with affairs by the Minister
of Environment, the Special Metropolitan City Mayor,
the Metropolitan City Mayor, the Do governor
and the Special Self-Governing Province governor are public officials pursuant to paragraph
(2).
[This Article Wholly Amended by Act No. 8810, Dec. 27, 2007]
CHAPTER PENAL PROVISIONS
Article 31 (Penal Provisions)
Any person who, without permission under Article 11-2 (1), has engaged in any conduct falling under
any of the subparagraphs of
the same paragraph or a person who has violated an order for restoration
to original state under paragraph (3) of the same Article
shall be punished by a fine not exceeding
3,000,000 won.
[This Article Wholly Amended by Act No. 8810, Dec. 27, 2007]
Article 32 (Joint Penal Provisions)
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
728
(1) If the representative, an agent, an employee or any other employed person of a juristic person
commits an act in violation of
Article 31 with respect to the affairs of such juristic person, not only
shall such an offender be punished, but such juristic person
shall be also punished by a fine under
the corresponding provision.
(2) If an agent, an employee or any other employed person of an individual commits an act in violation
of Article 31 with respect
to the affairs of such individual, not only shall such offender be punished
but such individual shall also be punished by a fine
under the corresponding Article.
[This Article Wholly Amended by Act No. 8810, Dec. 27, 2007]
ADDENDA
(1) (Enforcement Date) This Act shall enter into force after the lapse of six months after the date of
its promulgation.
(2) (Transitional Measures with respect to Waste Disposal Facilities under Establishment) In the event
that, at the time when this
Act enters into force, the Minister of Environment or the head of local government
is establishing the waste disposal facilities
as provided for in Article 9, plans for the waste disposal facilities
in question shall be considered as having been publicly announced
under Article 10 so that the provisions
of Article 11, 17 or 26 shall be applied: Provided, That in cases where matters pertaining
to support
for the affected neighboring areas have already been decided on according to the provisions of Articles
29 through 32
of the previous Wastes Control Act, that decision shall be followed.
(3) (Transitional Measures with respect to Already Selected
Location of Waste Disposal Facilities) In
case of the waste disposal facilities which, at the time when this Act enters into force,
the Minister
of Environment or the head of local government decided on according to the urban planning as provided
in the Urban
Planning Act, the location of waste disposal facilities coming under the provision of Article
9 shall be considered as a location
selected according to the procedure set forth in the same Article.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on January 1, 1998.
(2) (Transitional Measures on Waste Disposal Facilities)
Where the head of the local government has
obtained approval thereof referred to in Article 10 (2) at the time of entry into force
of this Act, he shall
be deemed to have obtained approval under this Act.
(3) (Transitional Measures on Penal Provisions) In the
application of penal provisions to acts committed
prior to the entry into force of this Act shall be governed by the previous provisions.
ADDENDUM
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on July 1, 1999.
(2) (Transitional Measures concerning Consultations with
the Head of Neighboring Local Government about
Location) With respect to waste disposal facilities for which a plan for installation
of such facilities is
approved under the previous provisions at the time of enforcing this Act, the consultations with the
head
of the neighboring local government about a location for waste disposal facilities shall be deemed
to be made under the amended
provisions of Article 9 (7).
(3) (Application Example concerning Determination and Publication of Location for Waste Disposal Facilities)
. Waste Management
3. Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to Adjacent Areas Act
729
The amended provision of Article 10 shall apply starting with a location of waste disposal facilities,
which is selected for the
first time after the enforcement of this Act.
(4) (Transitional Measures concerning Publication of Plan for Waste Disposal Facilities
Installation) The
publication of a plan for installation of waste disposal facilities, which is made under the previous provisions
at the time of enforcing this Act shall be deemed to be made under the amended provisions of Article
11-3 (3).
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 7 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 12 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Special Cases for Supports,
etc. to Residents of Affected Neighboring Areas of Existing Waste Disposal
Facilities) When waste disposal facilities already installed
or in the process of installation by the Minister
of Environment or the head of local government at the time of January 1, 1998,
fall under the scale
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
730
referred to in the amended provisions of Article 9 (1), the support to the residents of relevant affected
neighboring areas shall
be provided under the provisions of Articles 17 through 26. In such cases, the
Minister of Environment or the head of local government
shall determine and publicly announce the
affected neighboring areas as referred to in Article 17 within two years from this Act
enters into force.
(3) (Application Example concerning Disqualification Causes) The amended provisions of Article 17-2
shall apply
to the persons who have become the constituents of the Support Consultative Committee
on and after this Act enters into force.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Applicability concerning
Matters included in Plans for Selection of Location) The amended provisions
of Article 9 (2) 2 through 4 shall be applied commencing
from the first plan for selection of location
determined after the enforcement of this Act.
(3) (Applicability concerning Method of Public Announcement of Plans for Installation of Waste Disposal
Facilities) The amended
provisions of Article 11-3 (3) shall be applied commencing from the first plan
for installation of waste disposal facilities formulated
or approved after this Act enters into force.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 17 Omitted.
ADDENDA
. Waste Management
3. Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to Adjacent Areas Act
731
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ...
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. ...
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions
of Article 19 (56) of Addenda
shall enter into force on July 4, 2007, ...
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions
of Article 12 (27) of Addenda
shall enter into force on July 4, 2007.
Articles 2 through 13 Omitted.
ADDENDUM
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions
of Article 12 (1) 8 shall
enter into force on April 7, 2008 and the amended provisions of Article 12 (1)
15 shall enter into force on May 26, 2008 respectively.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
732
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
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