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Newsletter | July 2016, Issue 2
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ENVIRONMENT
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Government to Strengthen Investigation of Environmental Crimes through a Newly Established Task Force
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In an effort to strengthen its ability to better enforce major criminal violations of environmental regulations, the Ministry of Environment (the “MOE”) newly established the “Central Environmental Crime Investigation Task Force” (“the Task Force”).
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Organization and Role of the Task Force
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The Task Force consists of seven members, including a team leader (a prosecutor dispatched from the Ministry of Justice, dedicated to environmental crime investigation), and special judicial police officers with at least five years of investigation experience at the MOE.
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The seven members will collaborate to quickly gather evidence and initiate investigations. They will also work to expedite follow-up negotiations with the prosecutor, such as obtaining a warrant.
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In a February 17, 2016 press release, the MOE announced that with the launch of this Task Force, it expects to strengthen its on-site enforcement capability, with the Task Force serving as an overall supervisor and "control tower" for environmental crime investigations.
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Among the helpful functions that are expected to be performed by the Task Force are: investigation planning and establishing a negotiation channel with the local prosecutor's office.
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Background / Challenge Addressed
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Prior to the Task Force, all environmental crimes were investigated by the competent local environmental offices. This limited the investigations to regulatory violations or contaminations occurring in the district over which the relevant local environmental office has jurisdiction.
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The Task Force, through the high caliber and experience possessed by the special judicial officers, will further strengthen the MOE’s investigative capabilities with advanced investigative techniques.
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Additionally, the implementation of a “control tower” will make it possible for planned investigations at a national level.
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Related Effects
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Further, to allow for the effective development of the Act on Registration, Evaluation, Etc., of Chemical Substances (“K-REACH”) and the Chemicals Control Act (“CCA”), the authorities are expected to strengthen its enforcement of K-REACH and CCA. To this end, it is possible for the Task Force to oversee the investigation planning and enforcement of the relevant regulations.
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For Your Consideration
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Given the above development, chemical companies are advised to conduct a comprehensive review of the current business operations to ensure that their local entities are compliant with Korean environmental laws and regulations.
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In particular, an in-depth compliance review may be necessary for local entities that manufacture, import, sell, use, or otherwise handle chemical substances to ensure compliance with K-REACH and the CCA.
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Back to Main Page
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