On August 20, 2026, the National Assembly passed an amendment to the Act on the Transboundary Movement of Hazardous Wastes and Their Disposal (the “Act”), which is scheduled to take effect six months after its promulgation. In addition, the Ministry of Climate, Energy and Environment (the “MCEE”) provided administrative notice, from July 16 to August 5, 2026, of proposed amendments to (i) the Notification on Waste Items Subject to the Act on the Transboundary Movement of Hazardous Wastes and Their Disposal (the “Notification on Subject Waste Items”), and (ii) the Notification on Waste Items Restricted from Import to Promote Domestic Waste Recycling (the “Notification on Import Restriction”).
 

• Existing Regulatory Framework: While the Wastes Control Act serves as the general framework for the transboundary movement of waste, the Act has been applied as the governing law. Until now, as emphasis has been placed on the potential environmental pollution caused by waste, strict procedures—such as permits and declarations—have been required for waste imported to and exported from Korea.

• Shift Toward Circular Economy: Recently, wastes containing valuable metals—such as waste electrical and electronic equipment, waste batteries and copper scrap—are no longer viewed simply as substances to be disposed of without environmental pollution. Rather, increasing emphasis is being placed on their role as raw materials to be secured from the standpoint of resource security. In the same vein, the recent amendments to the Act and its subordinate notifications aim to partially ease regulations on waste imported to Korea, while strengthening controls on the export of ferrous and non-ferrous scrap metals.
   

Under the amended Act, a company importing waste may benefit from the relaxed import permit requirements if it is certified as a model recycling facility for imported waste. In addition, in the case of importing waste designated by the MCEE, the company may also benefit from relaxed bulk import declaration requirements. Therefore, prior verification of these matters may be necessary.

If the proposed amendment to the Notification on Subject Waste Items is finalized, import declarations will be exempted for items designated as circular resources—accordingly, companies importing waste may find it helpful to review whether their imported waste resources fall under items designated as circular resources. Conversely, companies exporting ferrous and non-ferrous scrap metals, which until now could be exported without a separate export declaration, may wish to take note of the additional procedures that would apply going forward. If the proposed amendment to the Notification on Import Restriction is finalized, the import of waste polyester synthetic fibers would be permitted, thereby securing an overseas procurement route for recycled polyester raw materials. The new exemption for imports for testing and research purposes could also make it easier to secure samples for developing recycling technology. As the content of the proposed amendments is not yet finalized, interested parties are advised to follow the amendment process as it progresses.

^[1]   Items designated as circular resources (12): Waste paper, scrap metal, waste metal cans, aluminum, copper, waste electric vehicle (“EV”) secondary batteries, waste glass and waste glass bottles, waste cooking oil, coffee grounds, rice hull and rice bran, waste stone and waste IC trays.

[Korean Version]