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ENFORCEMENT DECREE OF THE ACT ON PROTECTIVE ACTION GUIDELINES AGAINST RADIATION IN THE NATURAL ENVIRONMENT

Presidential Decree No. 23991, Jul. 24, 2012

Amended by Presidential Decree No. 27206, May 31, 2016

Presidential Decree No. 27970, Mar. 29, 2017

Presidential Decree No. 27972, Mar. 29, 2017

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Act on Protective Action Guidelines against Radiation in the Natural Environment and matters necessary for the enforcement thereof.
 Article 2 (Matters to Be Included in Comprehensive Plan)
"Matters specified by Presidential Decree" under Article 5 (2) 8 of the Act on Protective Action Guidelines against Radiation in the Natural Environment (hereinafter referred to as the "Act") mean the following:
1. Matters on monitoring of radiation in the natural environment, including installation, operation, etc., of monitors of radiation or radioactivity (hereinafter referred to as "monitors") under Article 19 (1) of the Act;
2. Matters on designation and operation of an institution specializing in radiation in the natural environment (hereinafter referred to as "specialized institution") under Article 27 of the Act;
3. Matters on analysis and assessment of impacts of radiation in the natural environment on the human body.
 Article 3 (Formulation, etc., of Annual Implementation Plans)
(1) In order to formulate an annual implementation plan (hereinafter referred to as "implementation plan") under Article 6 (1) of the Act to implement the relevant comprehensive plan for protection from radiation in the natural environment (hereinafter referred to as "comprehensive plan") pursuant to Article 5 (1) of the Act, the Nuclear Safety and Security Commission under Article 3 of the Act on the Establishment and Operation of the Nuclear Safety and Security Commission (hereinafter referred to as the "Nuclear Safety and Security Commission") shall establish guidelines for formulation of an implementation plan for the following year and notify the heads of related central administrative agencies thereof by November 30 each year.
(2) Upon receipt of notification of the guidelines for formulation of an implementation plan under paragraph (1), the head of each related central administrative agency shall prepare both the results of the preceding year and an action plan for the relevant year in relation to affairs assigned to him/her, and submit them to the Nuclear Safety and Security Commission by January 31 each year.
(3) The Nuclear Safety and Security Commission shall formulate an implementation plan by compiling the results and action plans submitted by the head of each relevant central administrative agency pursuant to paragraph (2), and shall notify the head of each relevant central administrative agency thereof by March 31 each year.
(4) Each implementation plan shall include the following:
1. Matters on the results of the preceding year and detailed action plans by sector for the relevant year in order to execute a comprehensive plan;
2. Matters on formulation and promotion of plans for research and development necessary to execute a comprehensive plan;
3. Other matters necessary for protective action guidelines against of radiation in the natural environment.
(5) If necessary to formulate an implementation plan, the Nuclear Safety and Security Commission may request the head of a relevant central administrative agency to submit necessary materials. In such cases, the head of the relevant central administrative agency shall comply with such request, except in extenuating circumstances.
 Article 4 (Scope, etc., of Persons Subject to Registration)
(1) The scope of persons required to register the type and amount etc, of raw materials or by-products from processing with the Nuclear Safety and Security Commission pursuant to Article 9 (1) of the Act shall be as follows:
1. Anyone who handles raw materials or by-products from processing containing Uranium 235 (including nuclides within their decay series; hereinafter the same shall apply to Uranium 238 and Thorium 232), Uranium 238 or Thorium 232, the activity concentration of which exceeds one becquerel per gram; and cases where the amount of activity calculated from the total amount of the relevant raw materials or by-products from processing he/she annually handles exceeds 1,000 kilobecquerels for each nuclide;
2. Anyone who handles raw materials or by-products from processing containing Potassium 40, the activity concentration of which exceeds ten becquerels per gram; and cases where the amount of activity calculated from the total amount of the raw materials or by-products from processing he/she annually handles exceeds 10,000 kilobecquerels.
(2) Matters to be registered by persons subject to registration under paragraph (1) shall be as follows:
1. The types of raw materials or by-products from processing;
2. The total amount of raw materials or by-products from processing handled and activity levels thereof annually;
3. Activity concentrations of the raw materials or by-products from processing.
 Article 5 (Treatment, Disposal, Recycling, etc., of By-Products from Processing)
When treating, disposing of, or recycling by-products from processing pursuant to Article 13 (2) of the Act, anyone who has registered pursuant to Article 9 (1) of the Act (hereinafter referred to as "person responsible for handling") shall comply with the following requirement:
1. He/she shall formulate a method and procedure for reasonably lowering the radiation exposure dose under subparagraph 19 of Article 2 of the Nuclear Safety Act (hereinafter referred to as "radiation exposure dose") for those engaging in treatment, disposal or recycling of by-products from processing;
2. In disposing of or recycling by-products from processing, he/she shall use a method for lowering the activity concentration of the relevant by-products from processing;
3. In disposing of by-products from processing, he/she shall adopt methods such as landfill to ensure that by-products from processing cannot be recycled;
4. In recycling by-products from processing into processed products, he/she shall comply with the safety standards for processed products prescribed in Article 15 of the Act (hereinafter referred to as "safety standards").
 Article 6 (Safety Measures etc., for Workers)
A person responsible for handling and anyone who manufactures, exports, or imports processed products under Article 15 of the Act (hereinafter referred to as "manufacturer") shall take the following measures to ensure that radiation exposure dose of workers who handle and manage raw materials or by-products from processing does not exceed the dose limit applicable to workers engaged in radiation related work pursuant to subparagraph 4 of Article 2 and attached Table 1 of the Enforcement Decree of the Nuclear Safety Act (hereinafter referred to as "dose limit"), pursuant to Article 14 (2) of the Act:
1. Annual measurement and assessment of the activity concentration at workplace;
2. Quarterly measurement and assessment of the radiation dose rate (referring to the rate at which the radiation dose changes with time) at workplace;
3. Investigation and analysis of the annual radiation exposure dose of workers;
4. Measures of using devices or apparatuses etc., to reduce radiation exposure of workers;
5. Provision of information on the radiation exposure of workers involved resulting from handling raw materials or by-products from processing.
 Article 7 (Measures, etc., against Non-Conforming Processed Products)
(1) Where a manufacturer becomes aware that a processed product is not in conformity with the safety standards, he/she shall formulate a plan for measures under Article 16 (1) of the Act (hereinafter referred to as "plan for follow-up measures" in this Article) and report to the Nuclear Safety and Security Commission on the plan, within five days from the date he/she has learned such fact.
(2) A plan for follow-up measures shall include the following items:
1. Product name, date of manufacture or importation, date of sale, delivery place, and current state of sales of a processed product not conforming to the safety standards;
2. Time and circumstances of becoming aware that a product dose not conform to the safety standards, and the details and causes of non-conformity;
3. Method, procedure, and period for taking follow-up measures, such as repair, exchange, recall and scrapping of a processed product not conforming to the safety standards.
(3) If a plan for follow-up measures reported pursuant to paragraph (1) is deemed insufficient, the Nuclear Safety and Security Commission may issue an order to supplement the plan.
(4) A manufacturer shall take measures, such as supplementation, exchange, recall, and scrapping, in accordance with the plan for follow-up measures.
 Article 8 (Disposal of Defective Processed Products)
(1) Where the Nuclear Safety and Security Commission issues an order, pursuant to Article 17 (1) of the Act, to disclose relevant facts and to take other relevant measures under Article 16 (1) of the Act, it shall give the relevant manufacturer an opportunity to state his/her opinions either orally or in writing for a period not exceeding three days. In such cases, the manufacturer shall be deemed to have no opinion, if he/she does not state any opinion by a designated date.
(2) A manufacturer ordered to take relevant measures pursuant to Article 17 (1) of the Act shall formulate and execute a plan for relevant follow-up measures. In such cases, Article 7 shall apply mutatis mutandis to the formulation and execution of the relevant plan.
(3) The Nuclear Safety and Security Commission shall determine a period of up to three months as a period for taking follow-up measures, based upon the quantity, etc., of the processed product that does not conform to the safety standards: Provided, That if the manufacturer is unable to complete relevant measures by a specified period for taking measures due to extenuating circumstances including natural disasters, the period may be extended only once by up to three months, at the manufacturer's request.
 Article 9 (Scope of Air Carriers, etc.)
(1) An "air carrier specified by Presidential Decree" under Article 18 (1) of the Act means a person who runs an international air transportation business pursuant to Article 7 (1) of the Aviation Business Act. <Amended by Presidential Decree No. 27970, Mar. 29, 2017>
(2) Flight crew and cabin crew under Article 18 (2) of the Act (hereinafter referred to as "crew") mean crew that board an aircraft of an international air route catered to by an air carrier under paragraph (1) (hereinafter referred to as "air carrier").
 Article 10 (Safety Measures, etc., for Crew)
An air carrier shall take the following measures to ensure that the radiation exposure dose for crew does not exceed the dose limit, pursuant to Article 18 (4) of the Act:
1. Investigation, analysis, and recording of annual radiation exposure dose for crew by cosmic ray which is calculated based on the following:
(a) Flight routes, flight altitudes, latitude, and longitude;
(b) Flight time for crew;
(c) Effects of solar activity;
(d) Other matters necessary for the assessment of radiation exposure dose;
2. Measures necessary to lower the radiation exposure dose for crew, such as altering flight routes and adjusting the flight frequency;
3. Provision of information, to crew, on the radiation exposure dose caused by cosmic rays.
 Article 11 (Objects Subject to Installation of Monitors)
(1) Airports and ports where monitors should be installed and operated pursuant to Article 19 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 27972, Mar. 29, 2017>
1. An airport with international air routes under Article 38 (1) of the Airport Facilities Act;
2. An international trade port under Article 3 (1) 1 of the Harbor Act.
(2) A person who sells or recycles recyclable scrap metal, and is required to install and operate monitors pursuant to Article 20 (1) of the Act means a person who recycles scrap metal by operating electric smelting facilities with a unit capacity of at least 30 tons.
 Article 12 (Installation and Operation of Monitors)
(1) When a monitor are installed pursuant to Article 19 (1) or 20 (1) of the Act, it shall be installed where effective detection is possible, in consideration of moving routes, etc., of the following monitoring targets:
1. Freight exported or imported at an airport or port;
2. Recyclable scrap metal which goes in and out of workplaces for handling such metal.
(2) Monitors installed pursuant to Article 19 (1) or 20 (1) of the Act shall be capable of verifying radiation levels and radionuclides: Provided, That radionuclides may instead be verified by equipment other than monitors.
(3) A person who installs and operates monitors pursuant to Article 19 (1) or 20 (1) of the Act shall use the monitors to verify the radiation level and radionuclide of freight or recyclable scrap metal subject to monitoring; shall classify, isolate, and temporarily keep a relevant suspected substances if he/she detects any suspected substance specified in Article 21 (1) of the Act (referring to materials, the activity concentration of which exceeds, or is suspected of exceeding, the level specified and publicly notified by the Nuclear Safety and Security Commission; hereinafter the same shall apply); and shall conduct regular inspections and maintenance to keep the monitors in good condition.
(4) The Nuclear Safety and Security Commission may have a specialized institution vicariously perform special or technical affairs, such as selection of installation locations for monitors and regular inspections and maintenance thereof, among affairs relating to the installation and operation of monitors specified in Article 19 (1) of the Act.
 Article 13 (Entrusting Operation of Monitors)
(1) Pursuant to Article 19 (3) of the Act, the Nuclear Safety and Security Commission may entrust operation of monitors to an airport operator, air carrier, or harbor facility operator, in accordance with the following classification:
1. Operation of monitors installed in airports pursuant to Article 11 (1) 1: relevant airport operator or air carrier;
2. Operation of monitors installed in trade ports pursuant to Article 11 (1) 2: relevant harbor facility operator.
(2) The scope of tasks included in the operation of monitors referred to in paragraph (1) shall be as follows:
1. Verification of radiation levels and radionuclides of target freight subject to monitoring, using monitors;
2. Classification, isolation, and temporary storage of suspected substance detected by monitors;
3. Ordinary inspection of the operating conditions of monitors.
[This Article Wholly Amended by Presidential Decree No. 27206, May 31, 2016]
 Article 14 (Formulation and Implementation of Plan to Investigate Actual State of Safety Management of Radiation in the National Environment)
An investigation plan under Article 23 (1) of the Act shall include the following:
1. Scope and details of matters subject to inspection;
2. Period, method, and procedure for inspection;
3. Matters for which cooperation will be requested from the institutions subject to inspection and relevant central administrative agencies.
 Article 14-2 (Training on Operation of Monitors, etc.)
(1) The training arranged by the Nuclear Safety and Security Commission pursuant to Article 26-2 of the Act shall include the following:
1. Ordinary inspection, such as checking the operating conditions of monitors;
2. Measures taken for breakdowns and damage to monitors;
3. Verification of radiation levels and radionuclides of suspected substances;
4. Measures taken on suspected substances, including classification, isolation, and temporary storage of suspected substances;
5. Other details necessary for operating monitors.
(2) The Nuclear Safety and Security Commission may perform the training required by Article 26-2 of the Act, in any of the following forms:
1. Collective training;
2. On-site training where the monitors are in operation:
3. Hands-on training using facilities, equipment, etc.
(3) To perform training pursuant to Article 26-2 (1) of the Act, the Nuclear Safety and Security Commission may develop and operate training programs including the training details specified in paragraph (1).
[This Article Newly Inserted by Presidential Decree No. 27206, May 31, 2016]
 Article 15 (Designation Criteria, etc., for Specialized Institutions)
A person that intends to be designated as a specialized institution pursuant to Article 27 (2) of the Act shall have the following facilities, equipment and human resources:
1. Facilities: Laboratory facilities to analyze radioactivity and to measure and assess radiation dose;
2. Equipment: Equipment necessary to analyze radioactivity and to measure and assess both radiation dose and the individual radiation exposure dose;
3. Human resources: The following human resources:
(a) Two persons or more who have engaged in the field of radioactivity analysis for at least three years or who have obtained a mater's degree, or higher, in the relevant field ;
(b) Two persons or more who have engaged in the field of radiation dose measurement and assessment for at least three years or who have obtained a mater's degree, or higher, in the relevant field.
 Article 16 (Entrusting Business Affairs)
(1) The Nuclear Safety and Security Commission shall entrust the following business affairs to a specialized institution pursuant to Article 28 of the Act: <Amended by Presidential Decree No. 27206, May 31, 2016>
1. Receipt of registration under Article 9 (1) of the Act and declaration of changes in registered matters under Article 9 (2) of the Act;
2. Receipt of the following declaration:
(a) Declarations of succession to the status of a person responsible for handling under Article 10 (3) of the Act;
(b) Declarations of exportation and importation of raw materials or by-products from processing under Article 11 (1) of the Act;
(c) Declarations of treatment, disposal, or recycling of by-products from processing under Article 13 (1) of the Act;
3. Receipt of the following reports:
(a) Reports on the current status of acquisition, generation, storage, sale, and disposal of raw materials or by-products from processing, under Article 12 (1) of the Act;
(b) Reports on measures taken against non-conforming processed products under Article 16 (2) of the Act;
(c) Reports on detection of suspected substances under Article 21 (1) of the Act;
4. Investigation, and analysis of, suspected substances, etc., under Article 21 (2) of the Act;
5. Inspection of the actual state of safety management of radiation in the natural environment under Article 23 (2) of the Act;
6. Establishment and operation of a comprehensive information system for radiation in the natural environment under Article 25 (1) of the Act;
7. Development and operation of educational programs under Article 26 of the Act;
8. Development and operation of training programs under Article 14-2 (3).
(2) When entrusting business affairs pursuant to paragraph (1), the Nuclear Safety and Security Commission shall publicly notify the institutions entrusted with the affairs and details of the affairs entrusted. <Newly Inserted by Presidential Decree No. 27206, May 31, 2016>
 Article 17 (Criteria, etc., for Calculation of Expenses)
(1) Criteria for the expenses under Article 28 (3) of the Act shall be determined and publicly notified by the Nuclear Safety and Security Commission, having regard to the following items:
1. Labor cost: The amount calculated by multiplying the standard unit labor cost, which is determined by the Nuclear Safety and Security Commission, having regard to workers' work experience, qualification, etc., by the number of persons directly engaging in the relevant business affairs;
2. Direct expenses: Expenses which are directly incurred in conducting relevant business affairs and meet the criteria established by the Nuclear Safety and Security Commission;
3. Various expenses: Expenses, other than direct expenses, which are incurred in conducting relevant business affairs and calculated by the method established by the Nuclear Safety and Security Commission.
(2) When the head of a specialized institution collects expenses from a person responsible for handling based on the calculation criteria prescribed in paragraph (1), he/she shall notify, in writing, the person responsible for handling of the amount, details of calculation, payment deadline, site for payment, etc..
 Article 18 (Standards for Imposition of Administrative Fines)
The standards for imposition of administrative fines under Article 31 of the Act shall be as specified in the Table attached hereto.
ADDENDUM
This Decree shall enter into force on July 26, 2012.
ADDENDUM <Presidential Decree No. 27206, May 31, 2016>
This Decree shall enter into force on June 2, 2016: Provided, That the amended Article 13 shall enter into force on the day this Decree is promulgated.
ADDENDA <Presidential Decree No. 27970, Mar. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 30, 2017.
Articles 2 through 7 Deleted.
ADDENDA <Presidential Decree No. 27972, Mar. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 30, 2017.
Articles 2 through 10 Deleted.