Practice Areas
Our People
News & Resources
Book Consultation

Q
Views2,949
Our company is an enterprise that runs a manufacturing business. I heard that, because there were some standards we failed to properly comply with in the process of storing and transporting waste, an administrative fine may be imposed for a violation of the Wastes Control Act. I am curious about how high the administrative fine is and whether the amount varies depending on the number of violations. I would also like to know whether it is punished the same way even when it occurs by mistake, and whether mitigation is possible.
violation of the Wastes Control Act
Answer
Published:
Author : Kuk Il KIM
The administrative fine for a violation of the Wastes Control Act is imposed differentially depending on the type and number of violations.
Basically, if the same violation is repeated within 1 year, it is regarded as a second or third violation, and the structure is such that the administrative fine gradually increases.
For example, a relatively minor violation, such as failure to report or failure to keep records, is imposed at a level of 500,000 won for the first violation, 700,000 won for the second, and 1 million won for the third or more.
On the other hand, in cases that affect the environment and safety, such as a violation of the waste treatment standards or the transport and storage standards, an administrative fine ranging from several million won up to 10 million won may be imposed.
In particular, acts such as the improper treatment of designated waste, exceeding the storage period, and leakage or scattering are subject to a relatively high level of administrative fine.
In addition, an administrative fine does not stop at a mere financial burden; depending on the type of violation, it can lead to an administrative disposition such as a business suspension or to criminal punishment, so caution is needed.
However, not all violations are treated the same way, and mitigation of the administrative fine is possible in the following cases.
These are cases of a minor violation due to carelessness or mistake, cases where the violation is immediately corrected or voluntarily improved, and cases where the degree or result of the violation is recognized as relatively minor.
If such grounds are recognized, the administrative fine may be mitigated within a range of up to one-half.
Conversely, in cases of a repeated violation or where intent is recognized, mitigation is restricted and the fine may rather be aggravated.
Therefore, it is important for enterprises to thoroughly check in advance the storage, transport, and treatment standards under the Wastes Control Act and the management system for the related documents.
If a violation of the Wastes Control Act is suspected, promptly taking corrective measures and, if necessary, responding with the advice of an expert helps to reduce legal risk.

Environment and ESG 변호사
법률상담예약
모든 상담은 전문변호사가 사건 검토를 마친 뒤
전문적으로 진행하기에 예약제로 실시됩니다.
가급적 빠른 상담 예약을 권유드리며,
예약 시간 준수를 부탁드립니다.
만족스러운 상담을 위해 최선을 다하겠습니다.
전화
상담 1800-7905
365일 24시간
상담접수가능

카톡
상담
카카오톡채널
법무법인 대륜 변호사

온라인
상담
맞춤 법률서비스를
제공합니다.
All fields At a glance
1/0