South Korea South Korea issues Regulations on Hazardous Chemicals Business Licenses

On May 4 of 2021, the Ministry of Environment (MOE) of South Korea promulgated NIER Notification No. 2021-89 on Regulations on Hazardous Chemicals Business Licenses. In South Korea, the Chemicals Control Act requires business entities that handle (manufacture, sell, store, transport or use) hazardous chemicals to submit the following documentation to MOE in advance to obtain business licenses.

    • A chemical accident prevention and control plan that has been approved for the establishment and operation of facilities handling hazardous chemicals
    • Approved inspection results of the facilities handling hazardous chemicals

 

The main provisions of the Regulations on Hazardous Chemicals Business Licenses are summarized as follows:

  1. It stipulates procedures and rules for 1) reporting changes in conditions under which a hazardous Chemicals Business License has been granted (e.g., quantities of hazardous chemicals handled, annual production volumes or usage volumes) and 2) making applications for re-granting of the business license under the new conditions.
  2. Provisions on how to prepare pilot production plans are set. Here, the term “pilot production” refers to production of prototypes by changing the production conditions or the chemicals handled, etc. at an existing facility. Submission of a pilot production plan may be required when making an application for re-granting of a business license.
  3. Conditions for exemption from mandated hazardous Chemicals Business Licenses are stipulated. For example, those who sell or transport, store or warehouse for the purpose of selling the “consumer chemical products subject to safety confirmation” or the “biocidal products” approved under the Consumer Chemical Products and Biocides Safety Act are exempted.
  4. Additionally, qualification conditions for hazardous chemical managers and handlers are set.

 

With the establishment of these Regulations, MOE has repealed the following regulations:

  • Regulations on Qualification of Hazardous Chemical Managers (MOE Notification No. 2018-23)
  • Regulations on Hazardous Chemical Handlers (MOE Notification No. 2018-247)
  • Regulations on Exemption from Mandated Hazardous Chemicals Business Licenses (MOE Notification No. 2018-246)
  • Regulations on Standards for “Small Quantity” of Different Hazardous Chemicals (MOE Notification No. 2017-245)

 

The newly established Regulations enter into force on May 4, 2021.

The Regulations on Hazardous Chemicals Business Licenses can be viewed at:
https://www.law.go.kr/admRulLsInfoP.do?admRulSeq=2100000200775