On June 4, 2019, the Ministry of Environment (“MOE”) established the Special Illegal Waste Investigation Team (the “Special Investigation Team”) to lessen illegal treatment of waste.  

Details:

The Special Investigation Team will consist of prosecutors dispatched from the Ministry of Justice and special judicial police officers from the MOE in charge of investigating environmental violations.  The MOE announced that if deemed necessary, it also plans to engage the police, Korea Customs Service and other related agencies in the investigation.

The types of illegal waste that the Special Investigation Team will primarily investigate include: (i) waste that was left abandoned because it failed to be treated at a waste treatment site or the remnants generated from waste treatment that were left abandoned without proper treatment (“Abandoned Waste”); (ii) waste collected and dumped by a waste treatment broker (unauthorized waste treatment entity) in a forest or leased territory (“Illegally Dumped Waste”); and (iii) waste accumulated by an exporter for export purposes or waste ordered to be transferred to Korea after it was found to have been illegally exported outside Korea (“Illegally Exported Waste”).  

Such forms of illegal waste are generated when any waste treatment company abandons its waste due to bankruptcy, or illegally dumps or exports waste through a broker in an attempt to avoid incineration and treatment costs.

Significance:

The MOE announced that it plans to employ all available resources and advanced investigation techniques, including digital forensic analysis, to detect and sanction the original waste dischargers that outsource waste treatment to illegal entities, and waste treatment brokers and entities that leave waste untreated despite having received fees or profited from illegal waste dumping or exportation.  

The MOE’s stricter control of unauthorized waste treatment activities could be a burden to companies regarding the overall waste treatment process.  Also, there may be a liability risk for companies if any waste is found to be buried in the companies’ land or the waste transferred to a waste treatment company is not properly treated.  As such, companies are advised to pay particular attention to ensure that their waste treatment practices are in compliance with the applicable laws.