Lastly Amended by Act No. 15829, Oct. 16, 2018

4-2. The term "livestock excreta solid fuel" means solid fuel produced through separation, drying, formulation, etc. of livestock excreta;

(a) A disposal facility installed by the head of a local government;

(b)　A resource recovery plant installed by an association or a national federation (including Nonghyup Agribusiness Group; hereinafter referred to as “agricultural cooperative”) prescribed in Article 2 of the Agricultural Cooperatives Act with approval from the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor (hereinafter referred to as the “Mayor/Do Governor”), Metropolitan Autonomous City Mayor, or Special Self-Governing Province Governor under Article 24 (3);

(a)　An agricultural cooperative;

(b) A cooperative, federation of cooperatives, social cooperative, or federation of social cooperatives prescribed in Article 2 of the Framework Act on Cooperatives, the members of which are livestock farmers;

(c) A cooperative, industrial cooperative, or federation of cooperatives from among the small and medium enterprise cooperatives prescribed in Article 3 of the Small and Medium Enterprise Cooperatives Act, the members of which are livestock farmers;

(d)　A nonprofit corporation consisting of livestock farmers.

1. The framework plan for sewerage management under Article 6 of the Sewerage Act;

2. The master plan for resources circulation under Article 11 (1) of the Framework Act on Resources Circulation;

3. Any other public plan necessary for the management of livestock excreta.

Article 7-2 (Access to Land Owned by Others, etc.)　

(1) Where necessary to investigate the actual status of livestock excreta, the Minister of Agriculture, Food and Rural Affairs, the Minister of Environment, the Mayor/Do Governor, the Metropolitan Autonomous City Mayor, or the Special Self-Governing Province Governor may allow a relevant public official to access the relevant area or an adjacent land owned by others, or to collect a minimum amount of samples necessary for the investigation, and if it is particularly required, he/she may remove or alter trees or other obstacles (hereinafter referred to as “obstacles, etc.”).

(2) When a person intends to access land owned by others pursuant to paragraph (1), he/she shall notify it to the occupant of relevant land in advance, and when a person intends to use land owned by others or to remove or alter obstacles, etc., he/she shall notify it to an owner and an occupant of such land in advance and gather consensus therefrom: Provided, That when it is impracticable to make a prior notification, a notification may be made in a method prescribed by Presidential Decree.

(3) Before or after dark, no access to a housing lot or land owned by others which is surrounded by walls or fences shall be allowed without approval from an occupant of relevant land.

(4) No occupant of relevant land shall refuse or interfere with access to or use of land under paragraph (1) without justifiable grounds.

(5) A person who intends to access land owned by others under paragraph (1) shall carry an identification indicating his/her authority, and show it to relevant persons, where requested.

(6) Matters necessary for identification referred to in paragraph (5) shall be determined by Ordinance of the Ministry of Environment. 　

[This Article Newly Inserted by Act No. 12516, Mar. 24, 2014]

 

1. A high-density residential area, the living environment of which needs to be protected;

2. A water-source protection area under Article 7 of the Water Supply and Waterworks Installation Act, an area subject to special measures under Article 38 of the Framework Act on Environmental Policy, or any similar area, the water environment of which needs to be preserved;

3. Waterfront areas designated and publicly announced pursuant to Article 4 (1) of the Act on the Improvement of Water Quality and Support for Residents of the Han River Basin; Article 4 (1) of the Act on Water Management and Resident Support in the Nakdong River Basin; Article 4 (1) of the Act on Water Management and Resident Support in the Geum River Basin; and Article 4 (1) of the Act on Water Management and Resident Support in the Yeongsan and Seomjin River Basins;

4. An area that exceeds environmental standards under Article 12 of the Framework Act on Environmental Policy;

5. An area which is requested by the Minister of Environment or the Mayor/Do Governor to be designated and publicly announced as a zone where the raising of livestock can be restricted under paragraph (2).

1. The density of raised livestock shall be maintained in compliance with matters to be observed prescribed in Article 26 of the Livestock Industry Act, and its living environment shall be improved;

2. Livestock excreta shall be recovered and shall be fully reinstated as farmland;

3. An environment-friendly livestock pen shall be created by planting trees for landscaping, etc.;

4. Facilities for reducing offensive odors shall be installed and operated so as not to undermine the living conditions in nearby areas;

5. Other standards prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs shall be observed.

1. Financial support necessary for the management of livestock pens and livestock excreta;

2. Exemption from reporting and inspections under Article 41;

3. Other matters prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs.

1. If the person obtains the designation by fraudulent or other illegal means;

2. If the person fails to fulfill any condition attached pursuant to paragraph (2);

3. If the farm ceases to meet any of the standards for the designation prescribed in paragraph (6);

4. If the person becomes subject to an administrative disposition, punishment, or administrative fine for violating this Act or the Livestock Industry Act, making his/her farm inappropriate as an environment-friendly livestock farm.

1. Where a waste-generating facility installer intends to install a resource recovery plant for disposing of livestock excreta discharged from waste-generating facilities located in the same Si/Gun/Gu;

2. Where a waste-generating facility installer intends to jointly install a resource recovery plant or a purification facility because waste-generating facilities are located adjacent to each other (including cases where waste-generating facilities are not located in the same Si/Gun/Gu).

Article 12-2 (Standards, etc. for Installation of Disposal Facilities) 

(1) A person who intends to install a disposal facility (hereinafter referred to as “disposal facility installer”), from among waste-generating facility installers, co-disposal facility installers, public disposal facility installers, recycling reporters prescribed in Article 27, and a person with permission for the livestock excreta disposal business pursuant to Article 28 (1) 2, shall comply with the standards for the installation of disposal facilities prescribed by Ordinance of the Ministry of Environment.

(2) A person who installs a resource recovery plant for producing liquid manure shall secure grassland, farmland, an area designated as an experimental forest under Article 47 of the Creation and Management of Forest Resources Act, or golf courses among sports facilities under Article 3 of the Installation and Utilization of Sports Facilities Act, which are necessary for spraying the liquid manure (hereinafter referred to as “areas permitted for spraying liquid manure”) in accordance with standards prescribed by Ordinance of the Ministry of Environment, subject to prior consultations with the Minister of Agriculture, Food and Rural Affairs.

(3) A person who installs a purification facility shall install facilities capable of separating livestock excreta into excrement and urine for separate storage, as prescribed by Ordinance of the Ministry of Environment: Provided, That the foregoing shall not apply where such person can observe the quality standards for discharged water under Article 13 (hereinafter referred to as "quality standards for discharged water") without separation and storage of livestock excreta, or where such person meets requirements prescribed otherwise by Presidential Decree.

(4) If a person obligated to install facilities for separating livestock into excrement and urine for separate storage pursuant to paragraph (3) fails to install such facilities, the head of a Si/Gun/Gu may order him/her to install the facilities within a specified period, as prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 12516, Mar. 24, 2014]

Article 13-2 (Standards for Converting Excreta into Manure and Liquid Manure etc.) 

(1) The standards for converting excreta into manure or liquid manure of a resource recovery plant (hereinafter referred to as “standards for converting excreta into manure or liquid manure”) shall be prescribed by Presidential Decree: Provided, That in cases of manure or liquid manure prescribed in the Fertilizer Control Act, it shall meet the legal standards for manure or liquid manure (hereinafter referred to as “legal standards”) among the legal standards for fertilizers publicly announced pursuant to subparagraph 4 of Article 2 of the same Act.

(2) The standards for compositions, etc. of livestock excreta solid fuel of resource recovery plants (hereinafter referred to as “standards for solid fuel”) shall be prescribed by Ordinance of the Ministry of Environment.

[This Article Newly Inserted by Act No. 12516, Mar. 24, 2014]

1. Auction pursuant to the Civil Execution Act;

2. Liquidation pursuant to the Debtor Rehabilitation and Bankruptcy Act;

3. Sale of seized property under the National Tax Collection Act, the Customs Act, or the Local Tax Collection Act;

4. Other procedures equivalent to the provisions in subparagraphs 1 through 3.

1. Details of the permission or permission for alteration or report for installation or alteration under Article 11;

2. Standards for installation, etc. under Article 12-2 (1) through (3);

3. Details of a report on recycling or a report on alteration of recycling under Article 27;

4. Details of permission for, permission for alternation of, or a report on alternation of the livestock excreta disposal business prescribed in Article 28 (1) 2.

1. Quality standards for discharged water under Article 13;

2. Standards for converting excreta into manure or liquid manure under Article 13-2 (1) or legal standards of commercial fertilizer in cases of manure or liquid manure to which the Fertilizer Control Act applies;

3. Standards for solid fuel under Article 13-2 (2).

Article 15-2 (Use Reports of Livestock Excreta Solid Fuel)

(1) A person who intends to use livestock excreta solid fuel shall report to the head of a Si/Gun/Gu as prescribed by Ordinance of the Ministry of Environment in any of the following cases:

1. Where he/she intends to firstly use livestock excreta solid fuel;

2. Where he/she intends to re-use livestock excreta solid fuel after having stopped using it for at least one year;

3. Where he/she intends to use livestock excreta solid fuel of which any of the following is changed:

(a) Suppliers of livestock excreta solid fuel;

(b) Kinds of livestock excreta solid fuel.

(2) A person who uses livestock excreta solid fuel shall use it in the facilities prescribed by Ordinance of the Ministry of Environment.

[This Article Newly Inserted by Act No. 13526, Dec. 1, 2015]

1. A person who has registered the design and construction business pursuant to Article 34 (1);

2. A person who has registered the specialized environmental construction business under Article 15 of the Environmental Technology and Industry Support Act (limited to the field of water quality);

3. A person who has registered the design and construction business for private sewage treatment facilities under Article 51 of the Sewerage Act;

4. A person who has registered a category of the construction business prescribed by Presidential Decree among those who have registered the construction business under Article 9 (1) of the Framework Act on the Construction Industry.

1. Discharging livestock excreta without treating it through a disposal facility or installing a facility through which livestock excreta can be discharged without treating it through a disposal facility;

2. Discharging livestock excreta flowing into a disposal facility without resource recovery or without discharging it through the final discharge outlet (hereinafter referred to as “halfway discharge”) or installing a facility for discharging livestock excreta halfway: Provided, That this shall not apply where the head of the competent Si/Gun/Gu recognizes that halfway discharge is necessary for producing liquid manure in the process of disposing of livestock excreta, etc. by a disposal facility;

3. Mixing water with livestock excreta flowing into a purification facility in an attempt to purify it, or discharging livestock excreta after mixing it with water: Provided, that this shall not apply where the head of the competent a Si/Gun/Gu recognizes that it is possible to purify livestock excreta only by mixing it with water in such process, subject to consultation with the Korea Environment Corporation under the Korea Environment Corporation Act or other relevant specialized institutions;

4. Producing and using manure or liquid manure which fails to meet any of the standards for converting excreta into manure or liquid manure, or transferring such manure or liquid manure to a third person, where livestock excreta is disposed at a resource recovery plant: Provided, That this shall not apply where manure or liquid manure which fails to meet any of the standards for converting excreta into manure or liquid manure is transferred to a person who intends to use it after fermenting it again, as prescribed by Presidential Decree;

5. Spraying liquid manure produced at a resource recovery plant into liquid manure over any place other than where the installer of a relevant resource recovery plant has secured to spay liquid manure, or violating spraying standards prescribed by Ordinance of the Ministry of Environment;

6. Dumping manure or liquid manure without using it as a fertilizer, or dumping livestock excreta solid fuel without using it as fuel;

7. Discharging livestock excreta not in compliance with the quality standards for discharged water by not operating purification facilities properly without justifiable grounds.

1. Where he/she acquires the permission for installation or alteration or reports on installation or alteration by fraudulent or other illegal means;

2. Where he/she fails to engage in the raising of livestock for at least three years without just grounds;

3. Where he/she removes the waste-generating facility in order to discontinue raising livestock, or if it is confirmed that the waste-generating facility has been demolished;

4. Where he/she has installed the waste-generating facility in places where the installation of a waste-generating facility is banned under this Act or other Acts;

5. Where he/she fails to comply with measures ordered under Article 10 (2);

6. Where he/she has installed the waste-generating facility without acquiring permission for, or reporting on, the installation of a waste-generating facility prescribed in Article 11 (1) or (3) in places not banned from the installation of a waste-generating facility under this Act or other Acts;

7. Where he/she alters the waste-generating facility without acquiring permission for alteration or reporting on alteration as required under Article 11 (2) and (3);

8. Where he/she fails to install or alter the disposal facility as required under Article 12 (1);

9. Where he/she uses the waste-generating facility or disposal facility without undergoing a completion inspection prescribed in Article 15 for the relevant waste-generating facility or disposal facility;

10. Where he/she commits an offence falling under Article 17 (1) 1 or 2;

11. Where he/she fails to comply with an improvement order prescribed in Article 17 (4);

12. Where it is found that the quality standards for discharged water and the standards for converting excreta into manure or liquid manure are not met as the result of an examination and inspection prescribed in Article 18-3 (2), and where it is deemed impracticable to satisfy the quality standards for discharged water and the standards for converting excreta into manure or liquid manure even after the relevant waste-generating facility is improved or a disposal facility is installed or improved;

13. Where he/she fails to comply with an order to suspend operation issued as he/she is found to fall under any of subparagraphs 5 through 11.

Article 18-2 (Imposition of Penalty Surcharges)

(1) Where the head of a Si/Gun/Gu shall order the suspension of operation under Article 18 (1) 5 through 11, he/she may impose a penalty surcharge of not more than 100 million won in lieu of a disposition of the suspension of operation, if the suspension of operation is feared to cause difficulties in disposing of livestock or other significant harm to public interest.

(2) Where a person subject to the imposition of a penalty surcharge under paragraph (1) fails to pay the penalty surcharge by the relevant payment deadline, the head of a Si/Gun/Gu shall collect it in accordance with the Act on the Collection, etc. of Local Non-Tax Revenue.

(3) Penalty surcharges collected under paragraph (1) shall be used only for the purpose of environmental conservation projects.

(4) The types of violation subject to the imposition of a penalty surcharge, the scale of waste-generating facilities, the amount of a penalty surcharge based on the number of violations, etc. under paragraph (1), and other necessary matters, shall be prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 12516, Mar. 24, 2014]

Article 18-3 (Report and Confirmation of Execution of Orders)

(1) Where any of the following persons has complied with an order, he/she shall report it to the head of a Si/Gun/Gu without delay:

1. A person who receives an order to take necessary measures pursuant to Article 10 (2);

2. A person who receives an order to make improvements pursuant to Article 17 (4);

3. A person who receives an order of the suspension of operation or an order of closure pursuant to Article 18.

(2) Upon receipt of a report pursuant to paragraph (1), the head of a Si/Gun/Gu shall require a relevant public official to ascertain the status of the fulfillment of an order without delay, and when it is deemed necessary to inspect the quality of discharged water, the compositions of manure, liquid manure, or the compositions of livestock excreta solid fuel, he/she shall take a sample and request an inspection agency prescribed by Presidential Decree to conduct an inspection on the quality of discharged water, the compositions of manure, or liquid manure, or the compositions of livestock excreta solid fuel.

(3) Each inspection agency, in receipt of a request for an inspection under paragraph (2), shall examine whether the relevant sample satisfies the quality standards for discharged water, the standards for converting excreta into manure or liquid manure, the legal standards, or the standards for livestock excreta solid fuel, and notify the results thereof to the head of a Si/Gun/Gu within one month from the date a request for the inspection is received.

(4) The standards for collecting samples pursuant to paragraphs (2) and (3), the methods for examining the quality of discharged water, manure, liquid manure, or livestock excreta solid fuel, and other necessary matters shall be prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 12516, Mar. 24, 2014]

1. Permission, permission for alteration, or report on alteration of the waste treatment business under Article 25 (3) and (11) of the Wastes Control Act;

2. Approval, approval for alteration, report, or report on alteration in relation to the installation of a waste disposal facility under Article 29 (2) and (3) of the Wastes Control Act.

1. To install facilities that can store livestock excreta;

2. To install facilities that can separate livestock excreta into excrement and urine for discharge.

1. Discharging water in excess of the quality standards for discharged water;

2. Producing manure or liquid manure in breach of the standards for converting excreta into manure and liquid manure;

3. Producing livestock excreta solid fuel not in compliance with the standards for livestock excreta solid fuel;

4. Halfway discharging livestock excreta flowing into a public disposal facility or installing a facility through which livestock excreta can be discharged halfway: Provided, That this shall not apply where prior halfway discharge is deemed necessary to produce liquid manure during the disposal process at disposal facilities when approval for installation or alteration of a public disposal facility is obtained from the Mayor/Do Governor, Metropolitan Autonomous City Mayor, or Special Self-Governing Province Governor in accordance with Article 24 (3);

5. Disposing of livestock excreta flowing into a public disposal facility by mixing it with water or discharging livestock excreta after mixing it with water: Provided, That this shall not apply if the Mayor/Do Governor, Metropolitan Autonomous City Mayor, or Special Self-Governing Province Governor recognizes that it is possible to treat pollutants only by mixing with water in the process of disposal of livestock excreta after consultations with relevant specialized institutions, such as Korea Environment Corporation under the Korea Environment Corporation Act, etc.;

6. Spraying liquid manure produced at a public disposal facility over any place other than a place where the relevant public disposal facility installer, etc. has secured to spay liquid manure, or violating the spraying standards prescribed by Ordinance of the Ministry of Environment;

7. Dumping manure or liquid manure without using it as a fertilizer.

1. When a public disposal facility installer, etc. fails to measure the quality of discharged water or to test the composition of manure and liquid manure as required under paragraph (6);

2. When a public disposal facility installer, etc. commits a prohibited act falling under any subparagraph of paragraph (9);

3. When a public disposal facility installer, etc. violates the standards for installation prescribed in Article 24 (2).

1. Where he/she fails to comply with an order to take necessary measures prescribed in Article 10 (2);

2. Where he/she operates a disposal facility without undergoing a completion inspection on the facility as prescribed in Article 15;

3. Where he/she fails to comply with an order to make improvements prescribed in Article 17 (4);

4. Where he/she fails to comply with an order to make improvements prescribed in paragraph (4).

1. Livestock excreta collection and transportation business: the business of collecting and transporting livestock excreta;

2. Livestock excreta disposal business: the business of disposing of livestock excreta finally and safely by being equipped with resource recovery plants (excluding facilities for converting into manure or liquid manure) or purification facilities;

3. Livestock excreta facility management business: the business of vicariously performing the management and operation of disposal facilities.

1. Permission, permission for alteration, or report on alteration of the waste treatment business under Article 25 (3) and (11) of the Wastes Control Act;

2. Approval, approval for alteration, report, or report on alteration in relation to the installation of a waste disposal facility under Article 29 (2) and (3) of the Wastes Control Act.

1. Auction under the Civil Execution Act;

2. Conversion under the Debtor Rehabilitation and Bankruptcy Act;

3. Sale of seized property under the National Tax Collection Act, the Customs Act or the Local Tax Act;

4. Other procedures corresponding to the provisions of subparagraphs 1 through 3.

1. If the business corporation obtains permission or revised permission by fraudulent or other illegal means or fraudulently reports any change;

2. If the business corporation fails to commence the business within one year since it obtained permission or shuts down the business continuously for at least one year without just grounds;

3. If the business corporation continues the business during a period of business suspension;

4. If the business corporation violates any of the standards, etc. for the installation of disposal facilities provided for in Article 12-2 (1) through (3);

5. If the business corporation uses a waste-generating facility or disposal facility without undergoing a completion inspection on the waste-generating facility or disposal facility provided for in Article 15;

6. If the business corporation commits an act under any subparagraph of Article 17 (1) in violation of the aforesaid paragraph;

7. If the business corporation violates any of the standards for the management of waste-generating facilities and disposal facilities provided for in Article 17 (3);

8. If the business corporation violates any of the standards prescribed in Article 26 (2) in collecting, transporting or disposing of livestock excreta;

9. If the business corporation engages in any type of business other than the business permitted pursuant to Article 28 (1);

10. If the business corporation continues its business without obtaining a revised permission pursuant to Article 28 (1);

11. If the business corporation ceases to satisfy any of the standards for permission under Article 28 (1);

12. If the business corporation allows any third person to run a livestock excreta-related business, using its trade name or personal name, or lends its license to another person;

13. If the business corporation receives a charge or fee, in violation of guidelines under Article 30 (1);

14. If the business corporation fails to comply with any of the standards for and matters to be observed with respect to the collection, transportation, and disposal of livestock excreta and the management of facilities prescribed in Article 30 (2);

15. If the business corporation falls under any provision of subparagraphs 1 through 3 or 5 of Article 31: Provided, That the foregoing shall not apply where the business corporation which has an executive officer who falls under any of subparagraphs 1 through 4 of Article 31 replaces such executive officer within six months;

16. If the business corporation fails to comply with matters related to the operation and management of the electronic transfer management system, including its operational methods, procedures, etc. referred to in Article 37-3 (1);

17. If the business corporation, in receipt of a request from the relevant administrative agency or public officials belonging to it, fails to provide cooperation in helping them to verify details about the transfer, disposal, etc. in violation of Article 37-3 (2);

18. If the business corporation fails to keep or preserve records, or made any false entry thereof, in violation of Article 39;

19. If the business corporation refuses to submit a report or data referred to in Article 41 (1) or (2), submits a false report or data, or refuses, interferes with, or evades access, inspection, etc.

1. If he/she registers his/her business by fraudulent or other illegal means;

2. If he/she executes a new contract and continues his/her business during a period of business suspension;

3. If he/she poorly performs design and construction of a disposal facility or fails to fulfill obligations under Article 34 (6);

4. If he/she ceases to satisfy any of the standards for the registration under Article 34 (1);

5. If he/she fails to commence business within one year since he/she completed the registration under Article 34 (1) or closes the business continuously for at least one year without justifiable grounds;

6. If he/she continues his/her bushiness without filing for the registration of a change or reporting changes under Article 34 (2) or fraudulently files for the registration of a change or reporting changes;

7. If he/she allows a third party to engage in his/her business in his/her trade name or personal name or lends his/her business license to a third person;

8. If he/she falls under any provision of subparagraphs 1 through 3 and 5 of Article 31 which shall apply mutatis mutandis pursuant to Article 34 (5): Provided, That the foregoing shall not apply where a corporation which has an executive officer falling under any of subparagraphs 1 through 4 of Article 31, replaces such executive officer within six months;

9. If he/she refuses to submit a report or data prescribed in Article 41 (1) or (2), submits a false report or data, or refuses, interferes with, or evades access, inspection, etc.

Article 37-2 (Establishment and Operation of Electronic Transfer Management System for Livestock Excreta, etc.) 

(1) The Minister of Environment shall establish and operate an electronic transfer management system to handle the management affairs of livestock excreta or liquid manure under Article 37-3 efficiently.

(2)　The Minister of Environment shall ensure that the installer and operator of a waste-generating facility, installer and operator of a disposal facility, recycling reporter, business entity related to livestock excreta, public disposal facility installer, etc. can use the electronic transfer management system to handle matters related to the business affairs prescribed by Presidential Decree, including an application for permission for alteration and report on such alteration under Article 11 (2) and (3), the maintenance of account books under Article 39, etc.

(3)　The Minister of Environment shall retain records related to the transfer, disposal, or spray of livestock excreta or liquid manure entered pursuant to Article 37-3 (1), as well as records entered pursuant to paragraph (2) (hereinafter referred to as “electronic records”)　for three years.

(4)　The Minister of Environment shall ensure that those who discharge, collect, transport, dispose of, or spray livestock excreta or liquid manure, the relevant Mayor/Do Governor, or the head of the relevant Si/Gun/Gu can search, review, or print out electronic records.

(5)　The Minister of Agriculture, Food and Rural Affairs, the Mayor/Do Governor, the head of a Si/Gun/Gu, and those prescribed by Ordinance of the Ministry of Environment may request the Minister of Environment to provide data managed by the electronic transfer management system. In such cases, the Minister of Environment shall provide the relevant data within a period determined by Ordinance of the Ministry of Environment.

(6)　The Minister of Environment may partially or fully recover costs incurred in processing the relevant data, from a person who uses the electronic transfer management system under paragraph (2), (4), or (5) or Article 37-3.

[This Article Newly Inserted by Act No. 12516, Mar. 24, 2014] 

Article 37-3 (Management, etc. of Electronic Transfer of Livestock Excreta, etc.) 

(1)　A person who discharges, collects, transports, disposes of, or sprays livestock excreta or liquid manure prescribed by Presidential Decree shall comply with the matters related to the operation and management of the electronic transfer management system, including its operational methods, procedures, etc., when he/she discharges, collects, transports, disposes of, or sprays the livestock excreta or liquid manure, as prescribed by Ordinance of the Ministry of Environment.

(2)　When a person who collects, transports, or sprays livestock excreta or liquid manure under paragraph (1) receives a request from the relevant administrative agency or public officials belonging to it while collecting or transporting livestock excreta or liquid manure, he/she　shall provide cooperation so that details of transfer, disposal, or spray of livestock excreta or liquid manure which are entered in the electronic transfer management system can be verified.

[This Article Newly Inserted by Act No. 12516, Mar. 24, 2014]

1. A person who installs and operates a disposal facility, required to employ a technical manager under Article 37 (1);

2. A business entity related to livestock excreta;

3. A designer/contractor.

Article 38-2 (Establishment and Operation of Livestock Environment Management Agency) 

(1) The Minister of Agriculture, Food and Rural Affairs shall establish a livestock environment management agency (hereinafter referred to as “management agency”) in order to efficiently create an environment where livestock farmers can raise livestock in an environment-friendly manner and to promote the utilization of livestock excreta through resource recovery: Provided, That with respect to the businesses of the management agency under paragraph (4), the Minister of Agriculture, Food and Rural Affairs shall consult with the Minister of Environment.

(2) The management agency shall be a corporation.

(3) The management agency shall be established at the time when it registers such establishment at the seat of its principal office.

(4) The management agency shall conduct the following businesses:

1. Consulting regarding the installation and operation of facilities installed by waste-generating facility installers or disposal facility installers;

2. Guidance and training of waste-generating facility installers or disposal facility installers;

3. Support for environment-friendly livestock farms prescribed in Article 9;

4. Business affairs related to the quality control of manure and liquid manure under Article 20;

5. Integrated management, including the collection and conversion of livestock excreta into resources, the distribution of manure and liquid manure, etc. under Article 23;

6. Evaluation of disposal facilities and disposal technologies under Article 43;

7. Projects entrusted by the State, local governments, or other organizations;

8. Affairs incidental to the businesses referred to in subparagraphs 1 through 7 as determined by the articles of incorporation;

9. Other businesses recognized as necessary by the Minister of Agriculture, Food and Rural Affairs or the Minister of Environment to fulfill the purposes of the management agency.

(5)　The Minister of Agriculture, Food and Rural Affairs or the Minister of Environment may partially or fully subsidize costs incurred in conducting businesses under paragraph (4).

(6)　Except as otherwise provided for in this Act, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to the management agency.

(7)　The Minister of Agriculture, Food and Rural Affairs or the Minister of Environment may manage and supervise the management agency, as prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 12516, Mar. 24, 2014]

1. The installer and operator of a waste-generating facility or the installer and operator of a disposal facility;

2. A public disposal facility operator, etc.;

3. A builder or operator of a recycling facility under Article 27;

4. A business entity related to livestock excreta;

5. A designer/contractor.

(a) A person who is required to acquire permission for the installation of a waste-generating facility or file a report under Article 11 (1) or (3);

(b) A person who sprays manure or liquid manure;

(c) A person subject to reporting under Article 27 (1);

(d)　A person subject to obtaining permission for a livestock excreta-related business under Article 28 (1);

1. A person who discharges water in violation of the quality standards for discharged water, or produces manure or liquid manure not in compliance with the standards for converting excreta into manure or liquid manure, from among those who install a disposal facility after acquiring permission under Article 11 (1);

2. A public disposal facility installer, etc. who discharges water in violation of the quality standards for discharged water, or produces manure or liquid manure in breach of the standards for converting excreta into manure or liquid manure;

3. A livestock excreta disposal business operator who discharges water in violation of the quality standards for discharged water, or produces manure or liquid manure in breach of the standards for converting excreta into manure or liquid manure.

1. A person who discharges water in violation of the quality standards for discharged water, or produces manure or liquid manure in breach of the standards for converting excreta into manure or liquid manure, from among those who install a disposal facility after filing a report under Article 11 (3);

2. A person who produces livestock excreta solid fuel without satisfying the standards for solid fuel under Article 13-2 (2), from among those who install disposal facilities by obtaining permission or filing a report under Article 11, installers of public disposal facilities under Article 24, or livestock excreta disposal business operators under Article 28;

3. A person who fails to report on the use, etc. of livestock excreta solid fuel, in violation of Article 15-2;

4. A person who designs or constructs a disposal facility, in violation of Article 16.

1. A person who alters a waste-generating facility without reporting such alteration under Article 11 (2) or (3) and after reporting alteration by fraudulent or other illegal means or who uses such waste-generating facility;

2. A person who fails to meet the standards, etc. for the installation of disposal facilities prescribed in Article 12-2 (1) through (3) in installing a disposal facility or who uses such disposal facility;

3. A person who fails to comply with an order for installation prescribed in Article 12-2 (4);

4. A person who fails to file a report on succession to the status referred to in Articles 14 (3) and 29 (4) (including cases applied mutatis mutandis under Article 34 (5));

5. A person who installs or operates a waste-generating facility or disposal facility in breach of the management standards referred to in Article 17 (3);

6. A person who fails to comply with an order to take measures referred to in Article 25 (2);

7. A public disposal facility installer, etc. who fails to measure the quality of discharged water or to test the composition of manure or liquid manure, or livestock excreta solid fuel, or to keep records thereof, in violation of Article 25 (6);

8. A person who installs or operates a public disposal facility or a livestock farmer who collects, transports or disposes of livestock excreta in violation of the standards referred to in Article 26 (2);

9. A person who engages in recycling without reporting on alteration or after falsely reporting on alteration, in violation of Article 27 (2), or collects livestock excreta for the purpose of operating such recycling facility or conducting recycling;

10. A person who fails to report alteration under Article 28 (1) or 34 (2) or falsely reports on alteration;

11. A person who runs a business of collection and transportation of livestock excreta outside his/her business territory under Article 28 (5) or breaches any other necessary condition;

12. A person who breaches an obligation of a designer/contractor under Article 34 (6);

13. A person who breaches an obligation under Article 37 (2);

14. A person who fails to comply with matters to be observed in relation to the operation and management of the electronic transfer management system, including its operational methods, procedures, etc. provided for in Article 37-3 (1);

15. A person who fails to provide an worker in charge of livestock excreta with education without just grounds, in violation of Article 38 (1);

16. A person who fails to keep and preserve records of the matters specified in the subparagraphs of Article 39 or makes false records thereof, in violation of the same Article;

17. A person who fails to obtain permission for temporary closure, permanent closure, or resumption of business, in violation of Article 40, or who fails to file a report thereon;

18. A person who fails to submit a report or data referred to in Article 41 (1) or who submits a false report or data.