Article 48 (Measures Order for Waste Disposal, etc.)

When improperly disposed waste (meaning waste disposed of in violation of the standards and methods for waste disposal under Article 13 or the principles and matters to be observed for waste recycling under Article 13-2, or waste discarded or landfilled in violation of Article 8 (1) or (2). The same shall apply hereinafter) is generated, the Minister of Climate, Energy and Environment, the head of a Special Metropolitan City, Metropolitan City, Special Self-Governing Province, or the head of a city, county, or district (gu) may order the person falling under any of the following subparagraphs (hereinafter referred to as "target of measures order") to take necessary measures, such as changing the method of waste disposal or suspending the disposal or import of waste, within a specified period. 1. A person who generated improperly disposed waste 2. A person who entrusted the installation or operation of a waste disposal facility where improperly disposed waste was disposed of to a contractor under Article 5 (2) 3. A food waste generator or a business waste generator who has entrusted the disposal of improperly disposed waste under Article 15-2 (3) or Article 18 (1). However, this shall be limited to cases where the person who entrusted the disposal of waste has violated the obligations under Article 15-2 (3) and (5), Article 17 (1) 3., or Article 18-2 (3), or is deemed to have other attributable reasons. 4. A person involved in the process of generation, collection, transport, storage, recycling, and disposal, from the generation of improperly disposed waste to its final disposal. 5. A person who, in relation to improperly disposed waste, has failed to enter matters concerning the handover and acceptance of waste and information on the waste disposal site into the electronic information processing program, or has entered false information, in violation of Article 18 (3). 6. A person who has demanded, requested, or instigated a person falling under any of subparagraphs 1 to 5 to perform an act that caused the generation of improperly disposed waste, or a person who cooperated in such an act. 7. A business waste generator falling under any of subparagraphs 1 to 6, who has succeeded to the rights and obligations under Article 17 (8) or (9). 8. A waste disposal business operator, a person who installed a waste disposal facility, or a person who reported waste disposal falling under any of subparagraphs 1 to 6, who has succeeded to the rights and obligations under Article 33 (1) through (3). 9. The owner of land where improperly disposed waste has been discarded or landfilled, if such owner directly disposed of the improperly disposed waste or allowed another person to use their land for such purpose.

Notwithstanding paragraph (2), the Minister of Climate, Energy and Environment, the head of a Special Metropolitan City, Metropolitan City, Special Self-Governing Province, or the head of a city, county, or district (gu) may issue a measures order to a person falling under the next order of priority among the targets of measures order, considering the degree of responsibility among the targets of measures order, the possibility of the target of measures order to comply with the measures order, etc., according to the standards prescribed by Presidential Decree.

If a person who has received a measures order under paragraphs (1) through (3) has fulfilled the measures order at their own expense, they may exercise a right of recourse against the portion of the burden of the person who received the same measures order for the same reason.