As announced by the Ministry of Environment (the “MOE”) on September 25, 2024, the MOE promulgated in April 2025 partial amendments to the Enforcement Decree and the Enforcement Rules of the Act on Resource Circulation of Electrical and Electronic Equipment and Vehicles (the “Electronic Equipment Resource Circulation Act”).
The amended Enforcement Decree expands the scope of products covered by manufacturers’ duty to collect, transfer and recycle waste electrical and electronic equipment (the “Recycling Obligation”), as well as the scope of electrical and electronic products subject to hazardous substance content standards, to include all electrical and electronic products intended for use under a certain voltage. These changes to the regulatory frame, involving an amendment to the existing Table 3 of the Enforcement Decree, enumerating products subject to the Recycling Obligation, may create challenges in determining the specific range of regulated products.
The expanded scope of products subject to the Recycling Obligation will take effect on January 1, 2026, and the expanded scope of products subject to the hazardous substance content standards will take effect on January 1, 2028.
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1.
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Expanded Scope of Products Subject to the Recycling Obligation
Under the current Enforcement Decree, Table 3 enumerates 50 types of products subject to the Recycling Obligation. However, the amended Enforcement Decree, effective from January 1, 2026, expands the list to include all “electrical and electronic products intended for use at a voltage of 1,500 volts or less DC or 1,000 volts or less AC.” Therefore, if an electrical or electronic product (i) does not fall under the scope of excluded products stipulated in the same provision, and (ii) meets the voltage specification requirements, the Recycling Obligation will apply.
However, as the products exempt from the Recycling Obligation will be enumerated in the MOE’s notification, the exact list of such products may differ from the one shown below:
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Products Exempt from Recycling Obligation
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(1)
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Electrical and electronic products used as means of transportation as follows:
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Vehicles and motorcycles (except for personal mobility devices)
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Railways, urban railways, tramways, ships, aircrafts and spacecrafts
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(2)
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Electrical and electronic products that are military supplies or used in fields related to national security under the Act on the Management of Military Supplies, as determined and publicly notified by the Minister of Environment
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(3)
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Electrical and electronic products used for industrial equipment and large fixed equipment, as determined and publicly notified by the Minister of Environment
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(4)
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Electrical and electronic products that are medical devices under Article 2, Paragraph 1 of the Medical Devices Act and that are determined and publicly notified by the Minister of Environment, taking into consideration the possibility of infection during the recycling process
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(5)
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Battery and lighting products under Article 18, Items 4 and 7 of the Enforcement Decree of the Act on the Promotion of Saving and Recycling of Resources
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(6)
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Other electrical and electronic products that are publicly notified by the Minister of Environment
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(7)
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Electrical and electronic products designed to be mounted at the manufacturing stage of any of the above-mentioned products, which are accessories or components that may function only as part of those products
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2.
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Products Subject to Hazardous Substance Content Standards
The amended Enforcement Decree expands the scope of products subject to the requirement to meet hazardous substance content standards from the previous 49 types of products (excluding solar panels) to include all electrical and electronic products designed for certain voltage specifications, effective from January 1, 2028. Accordingly, if an electrical or electronic product (i) does not fall under the excluded products stipulated in Article 8, Paragraph 1 of the Enforcement Decree, and (ii) qualifies as an “electrical or electronic product intended for use at a voltage of 1,500 volts or less DC or 1,000 volts or less AC” under the same clause, the product will be subject to the hazardous substance content standards.
However, the previous regulations would apply to electrical and electronic products that were manufactured or imported before January 1, 2028 (i.e., the enforcement of the amended Enforcement Decree). Further, as the products exempt from the hazardous substance content standards will be enumerated in the MOE’s notification, the exact list of such products may differ from the one shown below:
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Products Exempt from Hazardous Substance Content Standards
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(1)
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Electrical and electronic products used as means of transportation as follows:
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Vehicles and motorcycles (except for personal mobility devices)
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Railways, urban railways, tramways, ships, aircrafts and spacecrafts
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(2)
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Electrical and electronic products that are military supplies or used in fields related to national security under the Act on the Management of Military Supplies, as determined and publicly notified by the Minister of Environment
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(3)
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Electrical and electronic products used for industrial equipment and large fixed equipment, as determined and publicly notified by the Minister of Environment
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(4)
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Electrical and electronic products that are medical devices under Article 2, Paragraph 1 of the Medical Devices Act and that are determined and publicly notified by the Minister of Environment, taking into consideration the possibility of infection during the recycling process
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(5)
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Battery and lighting products under Article 18, Items 4 and 7 of the Enforcement Decree of the Act on the Promotion of Saving and Recycling of Resources
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(6)
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Other electrical and electronic products that are publicly notified by the Minister of Environment
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(7)
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Electrical and electronic products designed to be mounted at the manufacturing stage of any of the above mentioned products, which are accessories or components that may function only as part of those products
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As these amendments significantly expand the scope of electrical and electronic products subject to the Recycling Obligation, as well as the scope of products subject to the hazardous substance content standards, businesses dealing with products covered by the Electronic Equipment Resource Circulation Act will need to verify their compliance with the amended regulations prior to their respective effective dates. In particular, as the Recycling Obligation will be imposed to a broader range of products from January 1, 2026, manufacturers, importers and sellers of electrical and electronic products that fall within the expanded scope may be required to join an Electrical and Electronic Recycling Business Cooperative and to pay fees to jointly fulfill their obligations. Conversely, electrical and electronic products subject to the Recycling Obligation under the amended Electronic Equipment Resource Circulation Act will be exempted from waste charges, while those not subject to the Recycling Obligation will incur waste charges if made from plastic materials.
As the MOE plans to publish notifications enumerating the products that are exempt from each obligation before the amended lower regulations take effect, companies are advised to review the MOE’s notifications in order to timely determine whether relevant products are subject to any obligations and take appropriate measures, accordingly.
[Korean Version]
