1.The Ministry of Environment (hereinafter referred to as the Ministry), in order to assist the Ministry of Labor in implementing Paragraph 2, Article 56-5 of the Review Standards and Employment Qualifications for Foreign Workers Engaging in Work Specified in Subparagraphs 8 to 11, Paragraph 1, Article 46 of the Employment Service Act, hereby establishes these Directions to review and determine the eligibility of employers applying to bring in foreign workers in waste and resource recycling and processing work.

2.Matters that the Ministry is required to handle under these Directions shall be carried out by the Resource Circulation Administration, Ministry of Environment.

3.Applicants under these Directions are limited to the following enterprises:

(1) Recycling enterprises handling regulated recyclable waste that have completed registration with the competent environmental protection authority pursuant to Paragraph 3, Article 18 of the Waste Disposal Act and the Management Regulations for Recycling and Disposal Enterprises Handling Regulated Recyclable Waste.

(2) Disposal enterprises handling regulated recyclable waste that have completed registration with the competent environmental protection authority pursuant to Paragraph 3, Article 18 of the Waste Disposal Act and the Management Regulations for Recycling and Disposal Enterprises Handling Regulated Recyclable Waste.

(3) Public and private waste disposal organizations that have obtained a waste disposal permit issued by the competent environmental protection authority pursuant to Paragraph 1, Article 41 of the Waste Disposal Act and the Permit Management Regulations for Public and Private Waste Clearance and Disposal Organizations.

Where an applicant concurrently possesses two or more of the business-category statuses specified in the preceding paragraph, it shall select one and file an application.

An applicant that meets the requirements of Article 24 of the Review Standards and Employment Qualifications for Foreign Workers Engaging in Work Specified in Subparagraphs 8 to 11, Paragraph 1, Article 46 of the Employment Service Act of the Ministry of Labor shall proceed in accordance with that Article.

4.An applicant shall submit the following documents to the Ministry when applying for an employer eligibility determination:

(1) One completed application form selected from Attachments 1 through 3 according to the applicant's business category.

(2) A Plan for Preventing Foreign Workers from Becoming Unable to Be Contacted (Attachment 4).

(3) A Letter of Commitment (Attachment 5).

(4) A copy of the registration certificate of a recycling enterprise handling regulated recyclable waste, the registration certificate of a disposal enterprise handling regulated recyclable waste, or the waste disposal permit of a public and private waste disposal organization.

(5) A copy of the registration approval verification documents from a government agency.

(6) A copy of the personal identification document of the statutory responsible person.

(7) For an applicant that files a repeat application, a copy of the employer eligibility determination letter previously issued by the Ministry.

(8) Other documents designated by the Ministry.

5.The Ministry shall complete the review of an application under these Directions within 30 days after accepting it. When necessary, the Ministry may extend the review period by no more than 30 days. Where the Ministry determines upon review that the application materials must be supplemented or corrected, it shall notify the applicant to provide supplemental or corrected information within a prescribed time limit; the time taken to provide such information shall not be included in the review period, and the total number of days allowed for such supplementation or correction shall not exceed 30 days.

All time periods referred to in the preceding paragraph shall be calculated in working days.

6.The Ministry shall reject an application under any of the following circumstances:

(1) The applicant does not meet the requirements of Article 3.

(2) The registration certificate or permit has been revoked, abolished, or cancelled.

(3) Any submitted document is forged, altered, or contains false information.

(4) The applicant fails to complete the required supplementation or correction within the prescribed time limit in accordance with Paragraph 1 of the preceding Article.

7.The Ministry shall reply in writing to the applicant with the result of its review of the application and shall send a copy to the Workforce Development Agency, Ministry of Labor. Where employer eligibility is determined to be met, the following conditions shall be stated in the employer eligibility determination letter:

(1) The period of validity shall be six years from the date of issuance of the letter and shall expire at the end of that period.

(2) During the period of validity under the preceding subparagraph, if the registration certificate or permit referred to in Subparagraph 4, Article 4 expires without an extension having been completed, the employer eligibility determination letter shall simultaneously become invalid. This does not apply where the applicant has applied for an extension of the registration certificate or permit within the prescribed period pursuant to the Management Regulations for Recycling and Disposal Enterprises Handling Regulated Recyclable Waste or pursuant to the Permit Management Regulations for Public and Private Waste Clearance and Disposal Organizations, and the registration authority or issuing authority has not yet made a decision of approval or rejection.

(3) Where, after employer eligibility has been determined to be met, any of the circumstances in Subparagraphs 1 through 3 of the preceding Article is subsequently discovered, or there is a suspension of work, suspension of business, or termination of business, the Ministry may revoke or abolish the employer eligibility determination letter.

(4) The applicant shall apply to the Ministry of Labor for a recruitment permit using an independent or newly established labor insurance certificate number and shall proceed in accordance with the foreign worker allocation ratio and the determination of number of employees prescribed by the Ministry of Labor.

8.When handling applications under these Directions, the Ministry may, when necessary, conduct on-site inspections jointly with the Workforce Development Agency, Ministry of Labor, and the special municipality, county, or city governments.