1. Reasons for Proposal

It aims to improve and compensate for some of the deficiencies in the operation of the current system as follows: Currently, a person who intends to cease the use of a hazardous substance facility for more than three months due to management circumstances, large-scale construction, etc. or to resume the use of it may report it no less than 14 days before the date of suspension or resumption of use, which may cause inconvenience and then cease to use or resume the use after that period has passed. This may cause inconvenience if the use of hazardous substance facilities is to be ceased or resumed quickly, so there is a need to reasonably improve it; a regular inspection agency system by specialized agencies shall be introduced to strengthen the expertise of regular inspections conducted by persons related to the hazardous substance facilities every year; and even though Article 38 (1) of the Act is a joint penalty provision under Article 33 that punishes intentional offenders, its fine amount is less than or equal to the amount of punishment under Article 38 (2) of the Act which is a joint penalty provision under Article 34 that punishes negligent offenders. This can lead to an imbalance in punishment between intentional and negligent offenders, hence this needs to be resolved.

2. Major Provisions

A. Rationalize the deadline for reporting the suspension or resumption of the use of hazardous substance facilities (Article 11-2 (2))

If the intention is to discontinue the use, then it shall be reported no later than seven days before the date of discontinuation of use, and no later than three days before the date of resumption.

B. Introduce a system of regular inspections by specialized institutions (Article 18 (2) etc.)

A person with specialized capabilities in each field, such as construction, electricity, chemical engineering, etc. shall conduct professional and technical inspections of hazardous substance facilities of a certain size or larger, and prescribe the obligation to register, grounds for disqualification, integrity duty, etc. of a person who intends to carry out this work professionally.

C. Raise the number of fines under the joint penalty provisions (Article 38 (1))

This aims to resolve the imbalance in punishing intentional offenders to a lesser amount than negligent offenders by raising the number of fines in the current joint penalty provisions.