Reasons for Proposal
LPG meters at filling stations, as with gas feeders, may manipulate the required quantity just by exchanging the inner mainboard chips. Despite the need to prevent consumer damage from the sale of LPG falling short of the required quantity, there is no legal basis for regulating LPG meters at filling stations while inspection agencies themselves do not exist.
The current Act prescribes that where an LPG filling business entity fills a container with LPG, the amount of LPG filled shall not exceed the stated tolerance (1/100). However, the Act does not specify any tolerance for a case where an LPG filling business entity fills a tank fitted to a motor vehicle using LPG.
Furthermore, local government officials with regulatory authority is having difficulty in exercising control and supervision for lack of inspection equipment and specialized inspection workforce. Due to the nature of LPG, consumers cannot easily identify the required quantity without specialized equipment; hence, it is impossible to figure out illegal conversion of a filling meter with recalibration alone of an LPG meter conducted every 3 years.
Accordingly, the Amendment aims to prescribe tolerance when an LPG filling business entity pumps LPG into a tank fitted to a motor vehicle as he/she does into a container, to prohibit the sale of LPG falling short of the required quantity to consumers or the installation/conversion of the business facilities for such purpose (Article 23, paragraph 3, Article 23, paragraph 4 newly inserted), and to newly insert penal provisions therefor (Article 68-2, Article 68-5 newly inserted).
In addition, the work of verifying the sale by an LPG filling business entity of LPG falling short of the required quantity shall be entrusted to K-Petro, which is currently conducting verification of petroleum sales by business entities selling petroleum falling short of the required quantity pursuant to the Petroleum and Alternative Fuel Business Act (Article 6, paragraph 4, subparagraph 2 newly inserted).
Details
A. Where LPG business entities, etc., supply LPG falling short of the required quantity using their business facilities installed and converted for such purpose, the administrative authorities which are in charge of granting permission or registration shall revoke their permissions or registrations (Article 13).
B. When LPG filling business entities fill LPG in containers fitted to motor vehicles, they shall not supply quantities that fall short of the required quantity by exceeding the tolerance prescribed by Ordinance of the Ministry of Trade, Industry and Energy (Article 23, paragraph 3 newly inserted).
C. When LPG filling business entities fill LPG in containers fitted to motor vehicles, they shall not install/convert their business facilities for the purpose of selling LPG falling short of the required quantity under Article 23, paragraph 3, or use the installed/converted business facilities by taking over or renting them. In such cases, specific details about the type of business facilities and installation/conversion shall be prescribed by Presidential Decree (Article 23, paragraph 4 newly inserted).
D. The work of verifying LPG filling business entities’ compliance with the prohibitions under Article 23, paragraph 3 and 4 may be entrusted to K-Petro under Article 25-2 of the Petroleum and Alternative Fuel Business Act as prescribed by Presidential Decree (Article 61, paragraph 4, subparagraph 2 newly installed).
E. A person who installed/converted his/her business facilities for the purpose of selling LPG falling short of the required quantity in violation of Article 23, paragraph 4, or who used the installed/converted facilities by taking over/renting them shall be punished by imprisonment for not more than 1 year or by a fine of up to KRW 10 million (Article 68-5 newly inserted).
F. A person who supplied LPG falling short of the required quantity in violation of Article 23, paragraph 3 shall be punished by imprisonment for not more than 6 months or by a fine of up to KRW 5 million (Article 69-2 newly inserted).
