[2020 National Audit] "No Regulations, Arbitrary"…Annual 7 Billion KRW Fine for Not Using Volume-Based Waste Bags

[Asia Economy Reporter Kim Bo-kyung] It has been revealed that local governments have been imposing fines totaling up to 7 billion KRW annually for disposing of waste without using designated volume-based waste bags, despite the lack of clear legal regulations punishing such acts.

According to the '2014~2018 Status of Crackdown on Household Waste Dumping' submitted by the Ministry of Environment and local governments nationwide to Jang Cheol-min, a member of the National Assembly's Environment and Labor Committee from the Democratic Party of Korea, the amount of fines imposed has recently reached around 7 billion KRW annually.

In 2018, there were 175,883 cases of illegal household waste dumping detected, with fines totaling 12 billion KRW. Among these, 'dumping using non-standard bags' accounted for 77,136 cases, with total fines amounting to 7 billion KRW, representing 64.7% of the total fines related to household waste dumping.

Fines for household waste dumping are based on Article 8 of the Waste Management Act. However, in 2016, the Ministry of Government Legislation interpreted that "disposal without using volume-based waste bags at legally designated locations" is not subject to Article 8 of the Waste Management Act.

While disposing of household waste in volume-based waste bags at non-designated locations can be subject to administrative penalties such as fines under the law, disposing of household waste in general bags at designated disposal sites cannot be administratively penalized.

Although it is common sense to think that not using volume-based waste bags should be subject to fines, the relevant regulations have not been properly established. According to the Constitution and the Local Autonomy Act, any ordinance unfavorable to citizens must be based on higher laws.

The Ministry of Environment has neglected illegal administrative actions by local governments for four years. In 2017, the Ministry submitted a bill to the National Assembly to amend the same law’s Article 15 to specify related provisions, but it was never properly discussed in the Assembly, and the government has yet to propose a bill in the 21st National Assembly. Meanwhile, local governments nationwide have imposed and collected hundreds of billions of KRW in fines based on illegal ordinances.

In July, Assemblyman Jang Cheol-min introduced a bill to amend the Waste Management Act by adding enforcement regulations. He emphasized, "While the use of volume-based waste bags is mandatory, administrative actions must follow formal procedures in accordance with the principle of the rule of law," and urged, "The Ministry of Environment and the National Assembly must legislate promptly."