Recent evening news reports highlighted the illegal dumping of a massive amount of waste at a factory site in Asan, South Chungcheong Province, known as the '10,000-ton mountain of garbage.' According to criminal court rulings, the illegal dumping organization discharged approximately 11,000 tons of waste at this factory in just 73 days in 2021. They rented the land under the pretense of operating a 'mask factory' and systematically transported and dumped discarded fishing nets, plastic waste, and construction debris from various locations across the country. The operation involved a network of roles, including masterminds, waste producers, brokers, tenants, and transporters, indicating a structured environmental crime.
While those involved received guilty verdicts, only the visible perpetrators, such as the tenant and transporters, faced punishment. The investigation failed to adequately identify the sources of the waste, the routes it took, and the key players, including the waste producers and brokers. Consequently, the landowner, who unknowingly leased the property, has suffered significant losses for five years while administrative and civil procedures regarding the responsibility for illegal waste disposal have progressed slowly.
This issue is not isolated. A comprehensive survey by the Ministry of Environment in 2019 identified 235 locations across the country with waste mountains totaling approximately 1.2 million tons. Following this, the Waste Management Act was amended to significantly expand the responsibilities for illegal waste disposal. However, by July 2024, the number of identified waste mountains had surged to 493, with a total of 1.845 million tons.
Article 48 of the Waste Management Act defines nine categories of individuals subject to corrective action orders, including those who generate improperly managed waste, contractors, waste producers, participants, collaborators, successors of rights and obligations, and landowners. While most parties are held accountable for their actions, landowners, who may have legally leased their property without any involvement in waste generation, can still be subject to corrective action orders. As a result, innocent landowners may face costs for waste disposal that can amount to several times, or even dozens of times, the rental income they received. To address this issue, a prioritization system for corrective action orders was established in 2025 to protect innocent landowners. Under this system, those who generated improperly managed waste are prioritized first, followed by contractors and waste producers, with landowners placed last.
However, this prioritization only functions if the primary offenders are clearly identified. If the individuals responsible for generating improperly managed waste, contractors, and waste producers are not properly identified, the first and second priorities become effectively powerless, leaving the burden of responsibility on the third priority—landowners. Therefore, it is crucial to focus investigative and administrative resources on uncovering the full extent of the crime from the outset of illegal dumping incidents.
Illegal waste dumping has evolved into a nationwide organized crime involving various cities and jurisdictions, with connections to organized crime groups and brokers. However, the investigative agencies typically handling these cases are usually the local police departments where the waste is discovered. These departments often lack the resources and expertise to conduct thorough investigations across jurisdictions, making it difficult to address the widespread illegal dumping perpetrated by organized groups. As a result, the same criminal organizations are often linked to multiple incidents, but only the individuals caught at the scene are prosecuted, leading to a cycle where the 'tail' is cut off while the 'body' escapes. This structure allows the profits from these crimes to outweigh the risks of punishment, explaining the recurring issue of waste mountains.
In a 2016 case in Paju, the Gyeonggi Southern Provincial Police Agency, which has broader investigative authority, simultaneously investigated several illegal waste dumping incidents, uncovering the actions of the same criminal organization and the nationwide routes of waste movement. This resulted in multiple offenders being punished, and the affected landowners were able to recover a significant portion of their losses. In contrast, the Asan case was limited to the local police department's investigation, which only punished those caught on-site. Even similar crimes can have vastly different outcomes based on the jurisdiction and expertise of the investigation.
There is potential to develop a nationwide investigative framework for environmental crimes, similar to the joint specialized investigation team established at the Uijeongbu District Prosecutors' Office. Given that illegal waste dumping occurs systematically across the country, a rapid establishment of a nationwide investigative system is essential. Pursuing and punishing criminals to hold them accountable for illegal waste dumping is not only a means of ensuring responsibility but also a way to protect innocent landowners. Connecting scattered incidents to reveal the full scope and profit structure of criminal organizations is necessary to eliminate the economic incentives for illegal dumping. Organized crime that spans the nation must be met with a corresponding nationwide investigative response.
* This article has been translated by AI.
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