• MOE’s Leniency Program: MOE Plans to Enforce Regulations to Combat Illegal Manufacturing and Importing of Chemicals - South Korea
  • August 19, 2015
  • Law Firm: Kim Chang - Seoul Office
  • On January 1, 2015, the Act on the Registration and Evaluation of Chemicals (“K-REACH”) and the Chemicals Control Act (“CCA”) took effect. In this regard, the Ministry of Environment (“MOE”) plans to provide guidelines on the violations of K-REACH and CCA, and begin to enforce regulations against the violations in the near future.
     
    The MOE has decided to operate a 6-month leniency programm on the illegal manufacturing and importing of chemicals pursuant to the former Toxic Chemicals Control Act (“former TCCA,” which is divided into K-REACH and CCA).
     
    The leniency programm will be effective from May 22, 2015 to November 21, 2015, with the following violations of the former TCCA being subject to leniency application:
    • act of not performing the duty to confirm the type of chemicals before manufacturing or importing the foregoing chemicals (violation of Act 9 of the former TCCA); and
    • act of manufacturing or importing new chemicals without undertaking toxicity examination (violation of Act 10 of the former TCCA).
    Specifically, a company wishing to apply for leniency will be granted exemption from sanctions (e.g., fines, punishments) resulting from violations of the former TCCA if it confirms the chemicals under Article 9 of the current CCA (i.e., in case the company committed the act in (1) above), or files for registration of new chemicals under Article 10 of K-REACH (i.e., in case the company committed the act in (2) above).

    Once this 6-month leniency programm expires, the MOE plans to strengthen its measures by providing guidelines for K-REACH/CCA violations (including violations of the former TCCA), and enforce regulations against the foregoing violations.