2. Reason for proposal

As Act on Safety Control for Household Chemical Products and Biocidal Products is revised (Act No. 18170, promulgated on May 18, 2021, and enforced on December 31) so that, when unexpected damages are given to life or health with use of biocidal products such as humidifier disinfectants, etc., the government may intervene and rapidly relieve damages, it is intended to determine the matters to be delegated under the Act, such as organization of Biocidal Product Damage Investigation Team, expiration date of determination of relief allowance payment, management of relief account, organization and operation of Relief Account Committee, and procedure to impose and collect biocidal product damage relief levy, and the matters needed for the execution thereof.

3. Main content

A. Organization and operation of Biocidal Product Damage Investigation Team (Article 37-3 of draft)

1) Biocidal Product Damage Investigation Team shall be organized with about 20 members consisting of the executives/employees of Korea Environmental Industry and Technology Institute under Korea Environmental Industry and Technology Institute Act and the professionals of chemistry, environment, health, medicine, and law in order to survey and research the matters needed to review the matters on payment of relief allowance.

2) If professional determination such as medical determination or epidemiological assessment is required, non-executive survey members may be appointed and operated.

B. Statement of data to be requested for submission (Article 37-4 of draft)

The subjects of data submission and the data to be requested for submission are stated in detail in order to survey the matters on payment of relief allowance and conduct researches.

C. Establishment of expiration period of determination for relief allowance payment (Article 37-5 of draft)

The expiration period is established as five (5) years in consideration of the kinds of damages and similar systems, etc.

D. Operation and management of relief account and organization and operation of Relief Account Operation Committee (Article 37-6 and Article 37-7 of draft)

1) Spare money of relief account shall be operated by such methods as money trust, purchase of marketable securities, acquisition and disposal of business real estate, etc. and shall be managed by accounting method according to Corporate Accounting Principles.

2) The members of Relief Account Operation Committee to be installed for management and operation of relief account shall consist of the public officials of the Ministry of Environment to be designated by the Minister of Environment, the persons in charge of relief of biocidal product damages in the executives/employees of Korea Environmental Industry and Technology Institute under Korea Environmental Industry and Technology Institute Act, legal professionals, and asset operation professionals, etc.

E. Procedure to impose and collect biocidal product damage relief levy (Article 37-8 through Article 37-11 of draft)

1) The liability for payment of levy is excluded from the manufacturers/importers of causative products for which the levy cannot be paid due to business cessation, dishonor, or bankruptcy, etc. and the levy reduction limit is changed from 1/3 to 2/3 for the manufacturers/importers of causative products which belong to the medium and small enterprise under Framework Act on Small and Medium Business Enterprises.

2) If the levy to be paid exceeds KRW 10 billion or the manufacturers/importers of causative products belong to medium and small enterprise, the levy may be paid in installments within 12 times within three (3) years.

3) If payment of levy is delayed, additional charge equivalent to the amount obtained by dividing 0.1% of levy by the days of delay is imposed and, if an objection is made, the period to review the objection and to notify the result of review is not included in the period to calculate such additional charge.

F. Request for diagnosis (Article 37-12 of draft)

The case that the subjects of relief allowance are requested to undergo diagnosis, examination, or survey in the institution designated by the Minister of Environment is the case required for determination of relief allowance payment, etc.

G. Others (Article 37-13, Article 39, Article 39-3, and Article 40 of draft)

Others such as subjects of temporary suspension of relief allowance, delegation of work for smooth performance of work, regulation on processing sensitive information, and standard on imposition of fine for negligence, etc. are determined.