How are administrative fines imposed in the case of a violation of the Wastes Control Act?

The administrative fine for a violation of the Wastes Control Act is imposed differentially depending on the type and number of violations.

Basically, if the same violation is repeated within 1 year, it is regarded as a second or third violation, and the structure is such that the administrative fine gradually increases.

For example, a relatively minor violation, such as failure to report or failure to keep records, is imposed at a level of 500,000 won for the first violation, 700,000 won for the second, and 1 million won for the third or more.

On the other hand, in cases that affect the environment and safety, such as a violation of the waste treatment standards or the transport and storage standards, an administrative fine ranging from several million won up to 10 million won may be imposed.

In particular, acts such as the improper treatment of designated waste, exceeding the storage period, and leakage or scattering are subject to a relatively high level of administrative fine.

In addition, an administrative fine does not stop at a mere financial burden; depending on the type of violation, it can lead to an administrative disposition such as a business suspension or to criminal punishment, so caution is needed.

However, not all violations are treated the same way, and mitigation of the administrative fine is possible in the following cases.

These are cases of a minor violation due to carelessness or mistake, cases where the violation is immediately corrected or voluntarily improved, and cases where the degree or result of the violation is recognized as relatively minor.

If such grounds are recognized, the administrative fine may be mitigated within a range of up to one-half.

Conversely, in cases of a repeated violation or where intent is recognized, mitigation is restricted and the fine may rather be aggravated.

Therefore, it is important for enterprises to thoroughly check in advance the storage, transport, and treatment standards under the Wastes Control Act and the management system for the related documents.

If a violation of the Wastes Control Act is suspected, promptly taking corrective measures and, if necessary, responding with the advice of an expert helps to reduce legal risk.