Reasons for Proposal
The current Act stipulates that where the Minister of Environment or the relevant Mayor/Do/Governor intends to order the suspension of business to a waste treatment business entity, he/she may impose a penalty surcharge not exceeding 100 million won on the entity, in lieu of the suspension of business.
However, since the current level of penalty is too low compared to the size of waste treatment business entities, the disposition of penalty surcharge is not often disadvantageous to them even if they cause harm to residents and the environment in the neighboring area.
Therefore, the amendment aims to secure the effectiveness of the disposition of penalty surcharge and reduce environmental damage, allowing the Minister of Environment or the relevant Mayor/Do/Governor to impose a penalty surcharge within the extent not exceeding the amount of its sales, which shall be determined by Presidential Decree, multiplied by two percent where he/she imposes a penalty surcharge on a waste treatment business entity in lieu of the suspension of business and a penalty surcharge not exceeding 100 million won where the waste treatment business entity does not have a sufficient amount of sales or where it is difficult to calculate the sales amount.
Major Provisions
Secure the effectiveness of the disposition of penalty surcharge and reduce environmental damage, allowing the Minister of Environment or the relevant Mayor/Do/Governor to impose a penalty surcharge within the extent not exceeding the amount of its sales, which shall be determined by Presidential Decree, multiplied by two percent where he/she imposes a penalty surcharge on a waste treatment business entity in lieu of the suspension of business and a penalty surcharge not exceeding 100 million won where the waste treatment business entity does not have a sufficient amount of sales or where it is difficult to calculate the sales amount (Article 28)