1. Reasons for Amendment
As the Act on the Control of Manufacture of Specific Substances for the Protection of the Ozone Layer was revised, including the types of specific substances, details of the calculation standards for charges, adjustment of additional rate for delinquent charges, and adjustment of the amount for each violation within the upper limit of administrative fines by the type of act, this amendment aims to stipulate matters delegated by the Act and improve a number of weaknesses that have emerged in the operation of the current system.
2. Major Provisions
A. Change of Act’s name
Change the Enforcement Decree of the Act on the Control of Manufacture of Specific Substances for the Protection of the Ozone Layer to the Enforcement Decree of the Act on the Management of Specific Substances for the Protection, etc. of the Ozone Layer in conformity with the revised Act.
B. Types of specific substances, etc. (Article 2 and Attached Tables 1 and 2)
1) Specify Class 1 specific substances (ozone-depleting substances) and Class 2 specific substances (HFCs) in Attached Tables 1 and 2, respectively.
2) Specify the Class 2 specific substances generated and discharged during the manufacturing process of specific substances as substances corresponding to the Ⅺ group in Attached Table 2.
C. Details of the calculation standards for charges (Article 10-4 and Attached Table 3)
Specify the charge calculation formula for each Class 1 and Class 2 specific substance in Attached Table 3.
D. Adjustment of additional rates for delinquent charges (Article 10-7)
1) Set the upper limit on the total amount of surcharges from 5/100 to 3/100 in line with the revised Act and adjust the additional rate per day of delinquency from 5/10,000 to 3/10,000.
2) Newly insert a provision that allows reducing or exempting additional surcharges in the event of a natural disaster or other unavoidable reasons to reduce the burden of late fees for public charges.
E. Criteria for imposing administrative fines (Article 20 and Attached Table 2)
To clarify the criteria for aggravated administrative sanctions, reflect the number and the cumulative number of violations and adjust the amount of the administrative fine for each violation within the upper limit of administrative fines.
