WAREHOUSE

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to prevent harm caused by hazardous substances and secure the public safety by prescribing matters concerning the storage, handling and transport of hazardous substances and the safety controls related thereto.

Article 4 (Storage and Handling of Hazardous Substances below Designated Quantity)

Technical standards for the storage or handling of hazardous substances below the designated quantity shall be prescribed by municipal ordinance of the Special Metropolitan City, a Metropolitan City, the Special Self-Governing City, a Do and the Special Self-Governing Province (hereinafter referred to as "City/Do"). < Amended on Dec. 30, 2014 >

Article 5 (Restrictions on Storage and Handling of Hazardous Substances)

(1) Hazardous substances of not less than a designated quantity shall neither be stored in a place which is not a storing place, nor handled in a place which is not a factory, etc.
(2) Notwithstanding paragraph (1), hazardous substances of not less than a designated quantity falling under any of the following may be handled in a place which is not a factory, etc. In such cases, standards for storage or handling in the place where they are stored or handled temporarily and standards relating to location, structure and equipment of the place where they are stored or handled temporarily shall be prescribed by municipal ordinance of the City/Do: 1. Where hazardous substances of not less than a designated quantity are stored or handled temporarily for a period not exceeding 90 days with the approval of the head of a competent fire station, as prescribed by municipal ordinances of a City/Do; 2. Where a military unit temporarily stores or handles hazardous substances of not less than a designated quantity for military purposes.
(3) With regard to the storage or handling of hazardous substances in a factory, etc., the following principal and detailed standards shall be applicable: <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jan. 27, 2016; Jul. 26, 2017 >
1. Principal standards: Standards prescribed by Ordinance of the Ministry of the Interior and Safety as having a significant influence on the prevention of harm and danger, such as fires, as well as emergency measures therefor, or having a high probability of directly causing a fire when they are violated;
2. Detailed standards: Standards prescribed by Ordinance of the Ministry of the Interior and Safety as having a relatively less influence on the prevention of harm and danger, such as fires, as well as emergency measures therefor than principal standards, or likely to indirectly cause a fire when they are violated, and standards relating to indicators necessary for the safety control of hazardous substances and the keeping of documents, equipment, etc.
(4) Technical standards relating to location, structure and equipment of a factory, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(5) Where two or more kinds of hazardous substances are stored or handled at the same place, and the sum of figures obtained by dividing the quantity of respective hazardous substances stored or handled in the place concerned by the designated quantity of such respective hazardous substances is one or more, the hazardous substances concerned shall be deemed hazardous substances of not less than a designated quantity.

Article 6 (Construction of Facilities for Hazardous Substances and Alteration Thereof)

(1) Each person who intends to build a factory, etc. shall obtain permission from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor") who has jurisdiction over such place, as prescribed by Presidential Decree. The same shall also apply when he or she intends to alter matters prescribed by Ordinance of the Ministry of the Interior and Safety, such as the location, structure or equipment of a factory, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Dec. 30, 2014; Jul. 26, 2017 >
(2) Each person who intends to alter the name and quantity of hazardous substances being stored or handled in a factory, etc. or a multiple of the designated quantity thereof without changes in the location, structure or equipment of the factory, etc. concerned shall report it to the Mayor/Do Governor at least one day before the date scheduled to alter, as prescribed by Ordinance of the Ministry of the Interior and Safety. < Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jan. 27, 2016; Jul. 26, 2017 >
(3) Notwithstanding paragraphs (1) and (2), where a factory, etc. fall under any of the following, the relevant factory, etc. may be constructed, or the location, structure or equipment thereof may be altered, without permission, and the name and quantity of hazardous substances or a multiple of the designated quantity thereof may be altered without report: < Amended on Jan. 27, 2016 >
1. A storing place or handling place for heating facilities of houses (excluding central heating systems of multi-unit housing);
2. A storing place of not more than 20 times the designated quantity for heating or drying facilities necessary for agricultural, horticultural, stock breeding or fishery purposes.

CHAPTER VII PENALTY PROVISIONS

Article 34-2 (Penalty Provisions)

Any person who constructs a factory, etc. without obtaining permission for the construction of a factory, etc. in violation of the former part of Article 6 (1), shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 100 million won.[This Article Newly Inserted on Mar. 21, 2017]

Article 34-3 (Penalty Provisions)

Any person who stores or handles hazardous substances of not less than a designated quantity in a place which is neither a storing place nor a factory, etc. in violation Article 5 (1), shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won.[This Article Newly Inserted on Mar. 21, 2017]