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ENFORCEMENT DECREE OF THE NUCLEAR SAFETY ACT

Presidential Decree No. 23248, Oct. 25, 2011

Amended by Presidential Decree No. 23529, Jan. 25, 2012

Presidential Decree No. 23759, May 1, 2012

Presidential Decree No. 24245, Dec. 20, 2012

Presidential Decree No. 24431, Mar. 23, 2013

Presidential Decree No. 24689, Aug. 16, 2013

Presidential Decree No. 25532, Aug. 6, 2014

Presidential Decree No. 25604, Sep. 11, 2014

Presidential Decree No. 25747, Nov. 19, 2014

Presidential Decree No. 26426, Jul. 20, 2015

Presidential Decree No. 26760, Dec. 22, 2015

Presidential Decree No. 27095, Apr. 12, 2016

Presidential Decree No. 27207, May 31, 2016

Presidential Decree No. 27248, jun. 21, 2016

Presidential Decree No. 27678, Dec. 22, 2016

Presidential Decree No. 27947, Mar. 20, 2017

Presidential Decree No. 27972, Mar. 29, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to provide for the matters delegated by the Nuclear Safety Act and those necessary for the enforcement thereof and for the management and operation of the nuclear safety regulation account provided for in Article 17 (2) of the Nuclear Energy Promotion Act. <Amended by Presidential Decree No. 26760, Dec. 22, 2015>
 Article 2 (Definitions)
The terms used in this Decree shall be defined as follows: <Amended by Presidential Decree No. 25604, Sep. 11, 2014; Presidential Decree No. 27095, Apr. 12, 2016>
1. The term "high-level radioactive waste" means any radioactive waste, the radioactive concentration and heat release rate of which are higher than those prescribed by the Nuclear Safety and Security Commission established under Article 3 of the Act on the Establishment and Operation of the Nuclear Safety and Security Commission (hereinafter referred to as the "Commission"); and the term "medium- and low-level radioactive waste" means any radioactive waste, other than high-level radioactive wastes. In such cases, medium- and low-level radioactive wastes shall be classified, as determined by the Commission, based on radioactive concentration;
2. The term "nuclear fuel assembly" means a bundle of nuclear fuel materials in such a form as to be suitable for use as a fuel for a nuclear reactor;
3. The term "sealed radioisotope" means any radioisotope sealed in a container made of materials with sufficient mechanical strength and high resistance to corrosion, and designed to allow radiation to be released outside the container but to prevent leakage of the radioisotope when used;
4. The term "dose limit" means the upper limit of the radiation exposure dose which is the aggregate of the amount of external radiation exposure and the amount of internal radiation exposure, and its levels are as specified in attached Table 1;
5. The term "permissible surface contamination level" means the level of radioactive contamination permissible on the surface of objects or human bodies as determined by the Commission;
6. The term "preserved area" means any area requiring special management for preserving facilities installed to utilize nuclear energy;
7. The term "restricted area" means any area in the vicinity of a radiation controlled area or preserved area, where the radiation exposure dose is likely to exceed the level determined by the Commission when measured in the boundary thereof;
8. The term "person with frequent access" means a person frequently accessing a radiation controlled area on duty, such as cleaning or management of facilities, (excluding those who make temporary access to such area for visit, field trip, etc.), other than radiation workers;
9. The term "permanent disposal" means an activity of permanently segregating radioactive waste from the sphere of human life without the intention of recovery;
10. The term "interim storage of spent fuel" means a safe storage for a specified period of nuclear fuel materials spent as fuel for a nuclear reactor or produced by other sources of fission until such material is received from the generators and processed or disposed of permanently;
11. The term "special-form radioactive material" means hard solid type radioactive material or radioactive material sealed in capsules, which meets the criteria for transportation determined by the Commission;
12. The term "discharge" means the discharge of radioactive material and other materials contaminated by such radioactive material (hereinafter referred to as "radioactive material, etc.") which are generated in a liquid or gaseous state during the normal operation of facilities utilizing nuclear power into the outside through the exhaust and ventilation equipment in a planned and controlled manner within the level set by the Commission;
13. The term "annual inhaling limit" means the amount of radiation, the quantity of exposure to which by a radiation worker for one year is deemed to reach the dose limit prescribed by the Commission;
14. The term "concentration in the induction air" means concentration in the air, the inhaling quantity of which by a radiation worker for one year is deemed to reach the amount of annual radioactivity inhaling limit prescribed by the Commission;
15. The term "person with abnormal reading" means any of the following persons:
(a) A person exposed to radiation in excess of the dose limit;
(b) A person whose dosimeter has become unreadable due to damage, loss, etc;
(c) A person who has submitted his/her least dosimeter two months after the dosimeter replacement cycle determined by the Commission.
 Article 3 (Nuclear Fuel Material)
"Material prescribed by Presidential Decree" in subparagraph 3 of Article 2 of the Nuclear Safety Act (hereinafter referred to as the "Act") means any of the following materials:
1. Uranium of which ratio of uranium 235 to uranium 238 is the same as that of natural mixture, and its chemical compounds;
2. Uranium of which ratio of uranium 235 to uranium 238 is less than that of natural mixture, and its chemical compounds;
3. Thorium and its chemical compounds;
4. A material containing one or more materials pursuant to subparagraphs 1 through 3, which can be used as fuel for a reactor;
5. Uranium of which ratio of uranium 235 to uranium 238 exceeds that of natural mixture, and its chemical compounds;
6. Plutonium and its chemical compounds;
7. Uranium 233 and its chemical compounds;
8. A material containing one or more materials pursuant to subparagraphs 5 through 7.
 Article 4 (Nuclear Source Material)
"Material prescribed by Presidential Decree" in subparagraph 4 of Article 2 of the Act means material containing uranium and its chemical compounds, or thorium and its chemical compounds, other than nuclear fuel material.
 Article 5 (Radioisotopes)
"Isotope prescribed by Presidential Decree" in subparagraph 6 of Article 2 of the Act means any substance for which the quantity and concentration of an isotope exceed such quantity and concentration as determined by the Commission, excluding the following substances:
1. Nuclear fuel material referred to in subparagraph 3 of Article 2 of the Act;
2. Nuclear source material referred to in subparagraph 4 of Article 2 of the Act;
3. Radioactive material or apparatuses in which radioactive material is embedded, which poses no risk of radiation hazard as determined and publicly notified by the Commission.
 Article 6 (Radiation)
"Electromagnetic wave or particle beam prescribed by Presidential Decree" in subparagraph 7 of Article 2 of the Act means any of the following:
1. Alpha-ray, deuteron beam, proton beam, beta-ray and other heavily charged-particle beam;
2. Neutron ray;
3. Gamma-ray and x-ray;
4. Electron beam containing energy of not less than 50,000 electron volts.
 Article 7 (Nuclear Reactor Excluded from Application)
"Those prescribed by Presidential Decree" in the proviso to subparagraph 8 of Article 2 of the Act means apparatuses other than those which are capable of controlling fission chain reactions and sustaining a state of equilibrium in such reactions without using neutron source.
 Article 8 (Radiation Generating Apparatuses)
"Apparatus prescribed by Presidential Decree" in subparagraph 9 of Article 2 of the Act means any of the following: Provided, That equipment for which use and capacity exceed those determined by the Commission shall be excluded herefrom:
1. X-ray generating equipment;
2. Cyclotron;
3. Synchrotron;
4. Synchro-cyclotron;
5. Linear accelerator;
6. Betatron;
7. Van de Graff type accelerator;
8. Cockcroft-Walton type accelerator;
9. Transformer type accelerator;
10. Microtron;
11. Cyclotron light accelerator;
12. Accelerated ion implanter;
13. Others determined and publicly announced by the Commission.
 Article 9 (Relevant Facilities)
"Facility prescribed by Presidential Decree" in subparagraph 10 of Article 2 of the Act means any of the following:
1. Nuclear reactor coolant system facilities;
2. Instrumentation and control system facilities;
3. Handling and storage facilities of nuclear fuel material;
4. Treatment, discharge and storage facilities for radioactive waste located in a nuclear power plant;
5. Facilities for radiation control;
6. Nuclear reactor containment facilities;
7. Nuclear reactor safety system facilities;
8. Other facilities involved with the safety of a nuclear reactor as determined by the Commission.
 Article 10 (Nuclear Energy Utilization Facilities)
"Facility prescribed by Presidential Decree" in subparagraph 20 of Article 2 of the Act means any of the following:
1. Nuclear reactors and relevant facilities;
2. Nuclear fuel cycle facilities;
3. Facilities for the use of nuclear material;
4. Facilities for the production, use, distribution, storage, custody, treatment and discharge of radioisotopes;
5. Radioactive ray apparatuses and subsidiary facilities thereof;
6. Intermediate facilities for the storage of spent nuclear fuel;
7. Facilities for the perpetual disposition of radioactive waste;
8. Facilities for the treatment and storage of radioactive waste.
CHAPTER II FORMULATION, IMPLEMENTATION, ETC. OF COMPREHENSIVE PLANS FOR NUCLEAR SAFETY AND SECURITY
 Article 11 (Insignificant Matters in Comprehensive Plans for Nuclear Safety and Security)
"Matters prescribed as insignificant by Presidential Decree" in the proviso to Article 3 (4) of the Act means the following:
1. Matters concerning the details of promotion of tasks by sector;
2. Matters having no significant impacts on the details of comprehensive plans for nuclear safety, which conform to criteria prescribed by the Commission.
 Article 12 (Conduct of Fact-Finding Surveys through Delegation)
(1) "Institution or organization prescribed by Presidential Decree" in the latter part of Article 8 (1) of the Act means the Korea Foundation of Nuclear Safety established under Article 7-2 of the Act (hereinafter referred to as the "Safety Foundation"). <Amended by Presidential Decree No. 27248, Jun. 21, 2016>
(2) The Commission may provide a grant or subsidy for the Safety Foundation to reimburse expenses incurred in relation to fact-finding surveys. <Amended by Presidential Decree No. 27248, Jun. 21, 2016>
 Article 13 (Conclusion of Research Agreements)
(1) When intending to subsidize some of the expenses incurred in research and development projects for nuclear safety with contributions, technical development funds (including in-kind contributions), etc. of a person other than the Government, the head of each institution or organization in charge of conducting research by concluding an agreement on research and development tasks of research and development projects for nuclear safety (hereinafter referred to as "research agreement") pursuant to Article 9 (1) of the Act (hereinafter referred to as "research institution playing a central role") shall first conclude an investment contract or research contract with the person intending to pay such expenses.
(2) Each research agreement shall include the following:
1. Title of the research task, the scope and method of research, and the person in charge;
2. Allocation of research and development expenses and the method of payment thereof;
3. Reporting on the outcomes of research and development;
4. Attribution and utilization of the outcomes of research and development;
5. Measures to be taken based on the assessment of outcomes of research and development;
6. Use and management of research and development expenses;
7. Alteration and cancellation of research agreements;
8. Measures against violations of research agreements;
9. Other matters which ensue from research and development.
(3) The head of a research institution in charge of conducting research may require some of the research and development tasks to be conducted collaboratively or jointly with an institution or organization falling under any subparagraph of Article 14 (1) of the Basic Research Promotion and Technology Development Support Act or with an expert in the relevant field, or may entrust such tasks to them, as prescribed by the Commission.
 Article 14 (Disbursement and Management of Contributions)
(1) The Commission may make contributions to an institution or organization conducting research and development projects for nuclear safety pursuant to Article 9 (1) of the Act (hereinafter referred to as "institution performing projects") with financial resources referred to in the subparagraphs of Article 9 (2) of the Act.
(2) Contributions shall be made in installments: Provided, That the Commission may make contributions in lump sum in consideration of the scale, time of commencement, etc. of research and development tasks.
(3) The head of an institution performing projects which has received contributions shall establish an account separate from funds for other purposes and manage the account in a manner that verifies the details of revenues and expenditures of the funds.
 Article 15 (Use of Contributions and Reporting on Results)
(1) The head of an institution performing projects shall use contributions to pay for expenses incurred in relation to the relevant projects as prescribed by the Commission.
(2) The head of an institution performing projects shall submit the details of contributions spent annually to the Commission by March 31 of the following year along with the following documents:
1. A comparison chart of plans for research and development projects and the results of the implementation thereof;
2. A financial audit report prepared by a certified public accountant (limited to cases where the amount of annual contribution exceeds 500 million won): Provided, That it may be substituted by a statement of opinions of the superintendent government office in cases of a national or public research institution and by a statement of opinions of the president or dean in cases of a university, college, industrial college or technical college provided for in the Higher Education Act.
 Article 16 (Detailed Regulations)
The Commission shall determine matters necessary for the implementation of research and development projects for nuclear safety other than those provided for in this Decree.
CHAPTER III CONSTRUCTION AND OPERATION OF REACTORS AND RELEVANT FACILITIES
Section 1 Construction of Nuclear Power Reactors and Relevant Facilities
 Article 17 (Applications for Construction Permits)
A person who intends to obtain a construction permit for a nuclear power reactor and relevant facilities under the former part of the main body of Article 10 (1) of the Act (hereinafter referred to as "reactor facilities") shall prepare and file an application for a construction permit for each reactor facility with the Commission, as prescribed by Ordinance of the Prime Minister: Provided, That he/she may file one application when intending to construct at least two nuclear reactors of the same type, same thermal power, and same structure in the same site. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
 Article 18 (Notice of Examination Plans)
The Commission in receipt of an application for a construction permit filed under Article 17 shall notify the applicant of whether the application documents are appropriate and of the examination plan within 60 days from the date when such application is filed.
 Article 19 (Period for Handling Applications for Permits)
(1) The Commission in receipt of an application for a construction permit for reactor facilities filed under Article 17 shall determine whether to grant such permit within 24 months: Provided, That in any of the following cases, the Commission shall determine whether to grant such permit within 15 months:
1. Where the capacity, nuclear reactor type, and design dimension of the major equipment prescribed by the Commission are identical to the nuclear reactor for nuclear power reactor facilities, the construction of which has been permitted;
2. Where the reactor facilities are in conformity with the standard design approved under the former part of the main body of Article 12 (1) of the Act.
(2) None of the following periods shall be included in the period for handling permits referred to in paragraph (1):
1. A period required for supplementing and correcting application documents;
2. Other periods required additionally due to compelling reasons, such as testing to verify safety.
 Article 20 (Deliberation by Commission)
When the Commission intends to grant a construction permit for reactor facilities pursuant to the main body of Article 10 (1) of the Act, it shall deliberate on the relevant application based on the examination report submitted by an entrusted institution referred to in Article 153 before granting such permit.
 Article 21 (Applications for Altered Permits)
A person who has obtained a construction permit for reactor facilities under the former part of the main body of Article 10 (1) of the Act (hereinafter referred to as "installer of a nuclear power reactor") shall prepare and file a written application for an altered permit with the Commission, as prescribed by Ordinance of the Prime Minister, if he/she intends to obtain a permit to alter any terms and conditions of such permit pursuant to the latter part of the main body of the same paragraph. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
 Article 22 (Applications for Approval for Standard Design)
(1) Any person who intends to obtain approval for standard design under the former part of the main body of Article 12 (1) of the Act shall prepare and file an application for approval with the Commission, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
(2) Article 18 shall apply mutatis mutandis to a notice of examination plans on applications for approval filed under paragraph (1), and Article 20 shall apply mutatis mutandis to deliberation by the Commission on applications for approval filed under paragraph (1).
 Article 23 (Applications for Approval to Alter Standard Design)
When a person who has obtained approval for standard design under the former part of the main body of Article 12 (1) of the Act intends to alter any of the authorized matters pursuant to the latter part of the main body of the same paragraph, he/she shall prepare and file an application for approval for alteration with the Commission, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
 Article 24 (Subjects of Exclusion from Approval for Standard Design)
Matters which may be excluded from standard design pursuant to Article 12 (6) of the Act shall be as follows:
1. Matters requiring continuous adoption of new technology to enhance safety;
2. Matters, the safety of which cannot be verified before purchase, installation and completion of construction are completed.
 Article 25 (Regulations for Metrical Control)
Each installer of a nuclear power reactor shall prescribe regulations for metrical control at each place of business upon obtaining approval from the Commission therefor pursuant to Article 15 (1) of the Act. The same shall also apply to any alteration thereof.
 Article 25-2 (Reporting by Performance Test Management Institutions)
Each performance test management institution designated under Article 15-4 (1) of the Act (hereinafter referred to as "performance test management institution") shall report the following matters to the Commission by no later than January 31 each year: Provided, That it shall immediately report to the Commission on corrective measures, change of certification and renewal of certification with regard to a performance testing institute referred to in subparagraph 4 of Article 15-3 of the Act (hereinafter referred to as "performance testing institute"):
1. Present status of the certification of performance testing institutes;
2. Present status of the management and supervision of performance testing institutes;
3. Business performance in the previous year and major business plans for the relevant year.
[This Article Newly Inserted by Presidential Decree No. 25747, Nov. 19, 2014]
 Article 25-3 (Criteria, etc. for Designation of Performance Test Management Institutions)
(1) The criteria for designation of a performance test management institution under Article 15-4 (4) of the Act shall be as follows:
1. That it shall have a permanent organization necessary for efficiently managing performance testing institutes;
2. That it shall have the following specialists who can manage performance testing institutes:
(a) At least one of the following persons:
1) A professional radiation control engineer or professional nuclear power generation engineer qualified under the National Technical Qualifications Act who has engaged in the field of nuclear energy for at least three years;
2) A person who has engaged in the field of nuclear energy for at least three years after obtaining a doctor's degree in science or engineering;
3) A person who has engaged in the field of nuclear energy for at least five years after obtaining a master's degree in science or engineering;
4) A person who has engaged in the field of nuclear energy for at least seven years after obtaining a bachelor's degree in science or engineering;
(b) At least two of the following persons:
1) A person who has engaged in the field of nuclear energy for at least three years after obtaining a bachelor's degree in science or engineering;
2) A person who has engaged in the field of nuclear energy for at least five years after obtaining an associate bachelor's degree in science or engineering;
3) A person who has engaged in the field of nuclear energy for at least seven years after graduating from a high school or high technical school referred to in subparagraph 3 of Article 2 of the Elementary and Secondary Education Act;
3. That it shall have operational regulations necessary for performing the business affairs as a performance test management institution.
(2) The scope of business affairs of performance test management institutions shall be as follows:
1. Matters concerning the certification of performance testing institutes;
2. Matters concerning ex post facto management, such as inspections conducted on performance testing institutes and corrective measures taken thereagainst;
3. Fact-finding surveys on the operating status, etc. of performance testing institutes;
4. Support for performance testing institutes to improve performance testing affairs.
[This Article Newly Inserted by Presidential Decree No. 25747, Nov. 19, 2014]
 Article 26 (Inspections as to Metrical Control of Specific Nuclear Materials)
(1) Each installer of a nuclear power reactor shall undergo an inspection as to metrical control of facilities holding specific nuclear materials pursuant to Article 16 (1) of the Act.
(2) When the Commission intends to conduct an inspection under paragraph (1), it shall notify the installer of the relevant nuclear power reactor of an inspection plan, including a list of inspectors, date of an inspection, and details of an inspection, at least two hours prior to the commencement of the inspection.
(3) The Commission shall determine detailed matters on the inspection cycles and methods of inspection, etc. regarding the inspection of metrical control.
(4) The Commission may omit the inspection referred to in paragraph (1) if any installer of a nuclear power reactor has been inspected by the International Atomic Energy Agency with respect to metrical control in accordance with the Agreement for the Application of Safety Measures related to the Treaty on the Non-Proliferation of Nuclear Weapons between the Government of the Republic of Korea and the International Atomic Energy Agency and when such inspection is recognized by the Commission.
(5) When the specific nuclear material meets the regulations for metrical control as a result of an inspection conducted under paragraph (1), it shall be deemed to have passed such inspection.
 Article 27 (Pre-Service Inspections)
(1) Unless any installer of a nuclear power reactor passes an inspection conducted by the Commission for each process as referred to in Article 29 with respect to the construction and performance of the nuclear reactor facilities pursuant to Article 16 (1) of the Act, he/she shall not use the relevant facilities.
(2) When the construction works and performance of nuclear reactor facilities are found to conform to the technical criteria referred to in subparagraph 2 of Article 11 of the Act and Article 21 (1) 2 of the Act, based on the results of an inspection conducted under paragraph (1), the nuclear reactor facilities shall be deemed to have passed such inspection. <Amended by Presidential Decree No. 26426, Jul. 20, 2015>
 Article 28 (Applications for Pre-Service Inspections)
Any person who intends to undergo a pre-service inspection under Article 27 shall file an application for inspection with the Commission, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
 Article 29 (Timing, etc. for Pre-Service Inspections)
(1) Construction processes subject to pre-service inspections under Article 27 and timing for such inspections shall be as follows:
1. When construction of major structures of nuclear reactor facilities has commenced and any strength test for each major process is possible;
2. When any function test for each system is possible after the construction of nuclear reactor facilities has been completed;
3. When it is possible to conduct water pressure tests at ordinary temperatures and function tests at high temperatures;
4. When it is possible to charge nuclear fuel and run a test for trial operation.
(2) When deemed necessary to inspect the strength, internal pressure and performance of major devices, components, equipment, and systems in nuclear reactor facilities, the Commission may inspect them before the construction of the nuclear reactor facilities has been completed as determined and published by the Commission.
 Article 30 (Provisional Pass)
When the Commission recognizes the existence of extenuating circumstances when conducting a pre-service inspection under Article 27, it may grant a provisional pass for nuclear reactor facilities upon setting a period and method for use.
 Article 31 (Quality Assurance Inspections)
Pursuant to Article 16 (1) of the Act, the Commission may conduct an inspection to check whether the installer of a nuclear power reactor performs quality assurance duties according to the quality assurance plan submitted pursuant to Article 10 (2) of the Act.
 Article 31-2 (Inspection of Suppliers, etc.)
(1) The Commission may inspect suppliers provided for in subparagraph 3 of Article 15-3 of the Act (hereinafter referred to as "suppliers") and performance testing institutes with respect to the following matters pursuant to Article 16 (1) of the Act: <Amended by Presidential Decree No. 27248, Jun. 21, 2016>
1. Whether matters concerning the design, manufacture and performance testing of safety-related installations comply with the criteria for permits provided for in Article 11 of the Act;
2. Matters concerning reporting on the contracts for safety-related installations provided for in Article 15-2 of the Act;
3. Matters concerning reporting on nonconformity provided for in Article 15-3 of the Act;
4. Other matters deemed necessary by the Commission.
(2) The methods of, and procedures for, inspections provided for in paragraph (1) and other necessary matters shall be determined and publicly notified by the Commission.
[This Article Newly Inserted by Presidential Decree No. 25747, Nov. 19, 2014]
 Article 32 (Period for Commencing Construction Works)
"Period prescribed by Presidential Decree" referred to in Article 17 (1) 2 of the Act means two years from the date on which the relevant permit is granted.
Section 2 Operation of Nuclear Power Reactors and Relevant Facilities
 Article 33 (Applications for Operating Licenses)
(1) Any person who intends to obtain a license to operate reactor facilities pursuant to the former part of the main body of Article 20 (1) of the Act shall prepare and file an application for a license for each reactor facility with the Commission, as prescribed by Ordinance of the Prime Minister: Provided, That he/she may file one application when intending to operate at least two reactors of the same type, same thermal power, and same structure in the same site. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
(2) Article 19 (1) shall apply mutatis mutandis to the period for handling applications filed under paragraph (1), on condition that none of the following periods shall be included in the calculation of the period for handling applications:
1. A period required for supplementing and correcting application documents;
2. A period during which a pre-service inspection is impracticable due to a failure to install reactor facilities;
3. A period additionally required for compelling reasons, such as testing for verifying safety.
(3) Article 20 shall apply mutatis mutandis to the Commission's deliberation on applications for licenses filed under paragraph (1).
 Article 34 (Applications for Altered Licenses)
Any person who has obtained a license under the former part of the main body of Article 20 (1) of the Act (hereinafter referred to as "operator of a nuclear power reactor") shall prepare and file an application for an altered license with the Commission, as prescribed by Ordinance of the Prime Minister, to obtain a license to alter any terms and conditions of the license pursuant to the latter part of the main body of the same paragraph. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
 Article 35 (Regular Inspections)
(1) Each operator of a nuclear power reactor shall undergo a regular inspection of the operation and performance of reactor facilities according to the objects to be inspected and methods of inspection prescribed by Ordinance of the Prime Minister pursuant to Article 22 (1) of the Act. <Amended by Presidential Decree No. 24431, Mar. 23, 2013; Presidential Decree No. 27248, Jun. 21, 2016>
(2) Where the operation and performance of reactor facilities are found to meet the following criteria in an inspection conducted under paragraph (1), the reactor facilities shall be deemed to have passed the inspection: <Amended by Presidential Decree No. 26426, Jul. 20, 2015; Presidential Decree No. 27248, Jun. 21, 2016>
1. Reactor facilities must be operated in conformity with the technical criteria referred to in Article 21 (1) 1 through 3 and 6 of the Act;
2. The performance to withstand pressure and radiation, and other performance of the reactor facilities must be maintained in a state in which the reactor facilities have passed an inspection provided for in Article 27.
 Article 36 (Timing, etc. for Periodic Safety Reviews)
(1) Pursuant to Article 23 (1) of the Act, each operator of a nuclear power reactor shall comprehensively review the safety of the reactor facilities every ten years from the date he/she has obtained an operating license of such reactor facilities (if he/she has obtained a construction permit and an operating license simultaneously, the date the nuclear reactor first reaches its criticality shall be deemed the date he/she has obtained the operating license; hereafter the same shall apply in this Article), and prepare and submit a review report to the Commission.
(2) The review report referred to in paragraph (1) shall be prepared for each reactor facility separately, and every 10th anniversary of the date the operating license of the relevant reactor facilities is granted shall be the base date for review, and the review report shall be submitted within one year and six months from such base date for review.
(3) With respect to reactor facilities covered by a final safety analysis report submitted under Article 20 (2) of the Act, a single periodic safety review report may be submitted after simultaneously reviewing the safety of the reactor facilities according to the review schedule for the reactor facility installed earliest: Provided, That the degree of wear and tear of equipment, differences in operational conditions, etc. depending on the period for operation of reactor facilities shall be separately considered when such review is conducted.
(4) Notwithstanding paragraph (2), when any operator of a nuclear power reactor intends to continue to operate reactor facilities after the design lifespan of the reactor facilities expires (hereinafter referred to as "continuous operation"), he/she shall submit a review report within two to five years before the base date for review which is the date of expiration of the design lifespan (including every 10th anniversaries thereafter).
(5) Notwithstanding paragraphs (1) and (2), where, pursuant to the proviso to Article 23 (1) of the Act, the whole or part of a reactor facility permanently suspended upon obtaining permission to alter a license under Article 21 (2) of the Act meets all of the following requirements, the operator of the relevant nuclear power reactor need not conduct a periodic safety review of the part unused: <Amended by Presidential Decree No. 26426, Jul. 20, 2015>
1. That the whole or part of the reactor facility shall not be used;
2. That failure to conduct a periodic safety review of the unused part of a facility shall not affect safety;
3. That it shall be impracticable to apply the timing for, details and methods of periodic safety reviews, etc. under this Article through Article 39 to the unused part of a facility under subparagraph 1.
 Article 37 (Details of Periodic Safety Reviews)
(1) The details of periodic safety reviews under Article 23 (3) of the Act shall include the following: <Amended by Presidential Decree No. 25747, Nov. 19, 2014>
1. Matters concerning the design of reactor facilities;
2. Matters concerning the actual status of structures, systems and equipment crucial for safety;
3. Matters concerning deterministic safety analysis;
4. Matters concerning probabilistic safety reviews;
5. Matters concerning hazard analysis;
6. Matters concerning equipment verification;
7. Matters concerning ageing degradation (referring to physical or chemical process that causes damage to the system, structure and equipment of a nuclear power plant by passage of time or use);
8. Matters concerning safety performance;
9. Matters concerning the utilization of nuclear power plant operating experience and research findings;
10. Matters concerning operation and maintenance procedures, etc.;
11. Matters concerning the organization, management structure and safety culture;
12. Matters concerning human factors (including matters concerning the situation of members, etc. necessary for the operation of a nuclear reactor);
14. Matters concerning radiological environmental impacts.
(2) When continuous operation is intended pursuant to Article 36 (4), the following matters shall be also included in addition to matters set forth in the subparagraphs of paragraph (1):
1. Assessment of lifespan of the main equipment based on the period for continuous operation;
2. Radiological environmental impact assessment changed after the operating license is granted.
(3) Details of the matters referred to in paragraphs (1) and (2) shall be prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
 Article 38 (Methods and Criteria for Periodic Safety Reviews)
(1) The methods and criteria for conducting periodic safety reviews under Article 23 (3) of the Act shall be as follows:
1. To conduct independent assessments of the matters set forth in the subparagraphs of paragraphs (1) and (2) of Article 37, and the combined assessment of co-related matters;
2. To conduct assessments of the matters set forth in the subparagraphs of paragraphs (1) and (2) of Article 37 including quality assurance and protection from radiation therein (limited to where any corresponding matters are in existence);
3. To assess the comprehensive safety of the relevant reactor facilities in consideration of the assessment of the matters set forth in the subparagraphs of paragraphs (1) and (2) of Article 37 and the results of safety measures taken based on such assessment;
4. To conduct a safety review utilizing the effective technical standards for the relevant reactor facilities as at the time of such safety review.
(2) Notwithstanding the provisons of paragraph (1) 4, the following provisions shall apply to reactor facilities intended for continuous operation pursuant to Article 36 (4):
1. To conduct a safety review utilizing the technical standards which have incorporated the most advanced experience in operation, outcomes of research, etc., for systems, structures, and equipment;
2. To conduct a safety review utilizing the most advanced technical criteria for radiological environmental impacts.
 Article 39 (Periods for Examining Periodic Safety Review Reports)
(1) Upon receipt of a review report submitted under Article 36 (2) or a review report submitted paragraph (4) of the same Article, the Commission shall examine it and notify the relevant person of the results of the examination within 12 months, and 18 months, respectively.
(2) None of the following periods shall be included in the calculation of the period for examination:
1. A period required to supplement or correct a review report;
2. A period additionally required for compelling reasons, such as testing for verifying safety.
 Article 40 (Period for Commencing Business)
"Period prescribed by Presidential Decree" in Article 24 (1) 2 of the Act means five years from the date on which the relevant license is granted.
 Article 41 (Safety Measures for Operation of Nuclear Power Reactors)
(1) Pursuant to Article 26 (1) of the Act (including cases applicable mutatis mutandis in Article 34 of the Act), any operator of a nuclear power reactor shall take the following safety measures prescribed by the Rules of the Nuclear Safety and Security Commission (hereinafter referred to as "Rules of the Commission"): <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
1. Measures for radiation controlled areas, etc.;
2. Measures concerning the radiation exposure dose, etc.;
3. Measures concerning the patrol and inspection of reactor facilities;
4. Measures concerning the safe operation of reactors;
5. Measures concerning the self-inspection of reactor facilities;
6. Measures concerning in-service inspections and testing of reactor facilities;
7. Measures concerning monitoring of reactor containers;
8. Measures concerning safe transportation within the boundary of the relevant establishment;
9. Measures concerning the storage of radioactive materials, etc. within the boundary of the relevant establishment;
10. Measures concerning the treatment, discharge, and storage of radioactive wastes within the boundary of the relevant establishment.
(2) Notwithstanding paragraph (1), paragraph (1) need not apply to matters if it is impracticable to apply paragraph (1) due to the purposes of use of reactors or differences in the principle of design or to matters concerning which the Commission deems no safety problems will emerge from technical viewpoints although the provisions of paragraph (1) are not applied.
 Article 41-2 (Filing Applications, etc. for Approval to Decommission Reactor Facilities)
(1) Each operator of a nuclear power reactor who intends to obtain approval to decommission a reactor facility pursuant to the fore part of Article 28 (1) of the Act shall prepare an application for approval for decommissioning, as prescribed by Ordinance of the Prime Minister, and file the application with the Commission within five years from the date the reactor facility is permanently suspended upon obtaining permission to alter his/her license concerning permanent suspension under Article 21 (2) of the Act.
(2) Upon receipt of an application for approval for decommissioning filed under paragraph (1), the Commission shall determine whether to grant approval according to the following standards:
1. That the applicant shall have technical capability necessary to decommission a reactor facility, as prescribed by the Rules of the Commission;
2. That the plan, etc. to decommission a reactor facility shall meet the standards prescribed by the Rules of the Commission;
3. That the radiation exposure dose occurring in the course of decommissioning a reactor facility shall be unlikely to exceed the dose limit referred to in subparagraph 4 of Article 2 and attached Table 1.
(3) Where a person granted approval to decommission a reactor facility intends to alter approved matters pursuant to the latter part of Article 28 (1) of the Act, he/she shall prepare an application for approval for alteration, as prescribed by Ordinance of the Prime Minister, and submit the application with the Commission.
[This Article Newly Inserted by Presidential Decree No. 26426, Jul. 20, 2015]
 Article 42 (Provisions to be Applied Mutatis Mutandis)
Articles 18, 25, 26, 31 and 31-2 shall apply mutatis mutandis to operators of nuclear power reactors. In such cases, "installer of a nuclear power reactor" shall be construed as "operator of a nuclear power reactor," and "Article 17" and "application for a construction permit" referred to in Article 18 as "Article 33" and "application for an operating license," respectively, and "Article 10 (2) of the Act" and "Article 16 (1) of the Act" referred to in Article 31 as "Article 20 (2) of the Act" and "Article 22 (1) of the Act," respectively, and "Article 11 of the Act" and "Article 16 (1) of the Act" referred to in Article 31-2 as "Article 21 of the Act" and "Article 22 (1) of the Act," respectively. <Amended by Presidential Decree No. 25747, Nov. 19, 2014>
Section 3 Construction and Operation of Research Reactors, etc.
 Article 43 (Filing Applications for Construction Permits and Operation Licenses)
(1) A person who intends to obtain a permit to construct a nuclear reactor and relevant facilities for research or educational purposes pursuant to the fore part of the main body of Article 30 (1) of the Act (hereinafter referred to as "reactor facilities for research, etc.") and a person who intends to obtain a license to operate reactor facilities for research, etc. pursuant to the fore part of the man body of Article 30-2 (1) of the Act shall prepare and file an application for a permit and license for respective reactor facilities for research, etc. with the Commission, as prescribed by Ordinance of the Prime Minister: Provided, That where he/she intends to construct and operate at least two nuclear reactors of the same type, thermal power and structure in the same site, he/she may file only one application for a permit and license. <Amended by Presidential Decree No. 24431, Mar. 23, 2013; Presidential Decree No. 25747, Nov. 19, 2014>
(2) Article 20 shall apply mutatis mutandis to the Commission's deliberation on applications for permits and licenses filed under paragraph (1).
 Article 44 (Filing Applications to Alter Terms and Conditions of Permits or Licenses)
Where a person granted a permit to construct reactor facilities for research, etc. under Article 30 of the Act (hereinafter referred to as "installer of a research reactor, etc.") or a person granted a license to operate reactor facilities, for research, etc. under Article 30-2 of the Act (hereinafter referred to as "operator of a research reactor, etc.") intends to alter any term or condition of the permit or license, he/she shall file an application to alter the permit or license with the Commission, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013; Presidential Decree No. 25747, Nov. 19, 2014>
 Article 45 (Reporting on Entry and Departure of Foreign Nuclear-Powered Ships)
(1) Any person who intends to have a foreign nuclear-powered ship enter or depart from a port in the Republic of Korea pursuant to Article 31 of the Act shall submit an entry or departure report to the Commission 20 days prior to the scheduled date of entry or departure, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
(2) When a person who has submitted a report pursuant to paragraph (1) intends to revise any matter stated in the report, he/she shall report such matter to the Commission.
 Article 46 (Period for Commencing Business)
"Period prescribed by Presidential Decree" in subparagraph 2 of Article 32 of the Act means three years from the date on which the relevant permit or license is granted.
 Article 47 (Provisions Applicable Mutatis Mutandis)
Articles 19, 25 through 31, 31-2, 33, 35 (excluding the technical criteria referred to in Article 21 (1) 6 of the Act within the meaning of the technical criteria referred to in Article 35 (2) 1 hereof) through 39, 41 and 41-2 shall apply mutatis mutandis to reactor facilities for research, etc. In such cases, "installer of a nuclear power reactor" shall be construed as "installer of a research reactor, etc.," and "operator of a nuclear power reactor" as "operator of a research reactor, etc." <Amended by Presidential Decree No. 26426, Jul. 20, 2015; Presidential Decree No. 27248, Jun. 21, 2016>
[This Article Wholly Amended by Presidential Decree No. 25747, Nov. 19, 2014]
CHAPTER IV NUCLEAR FUEL CYCLE BUSINESS AND USE, ETC. OF NUCLEAR MATERIAL
Section 1 Nuclear Fuel Cycle Business
Subsection 1 Refining Business
 Article 48 (Applications for Licenses)
Any person who intends to obtain a license to engage in refining business pursuant to the former part of the main body of Article 35 (1) of the Act shall prepare and file an application for a license with the Commission for each business site (including factories; hereinafter the same shall apply), as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
 Article 49 (Applications for Altered Licenses)
When a person who has obtained a license to engage in refining business pursuant to the former part of the main body of Article 35 (1) of the Act (hereinafter referred to as "refining business operator") intends to obtain a license to alter any terms and conditions of the license pursuant to the latter part of the main body of the same paragraph, he/she shall file an application for an altered license with the Commission, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
 Article 50 (Regular Inspections)
Pursuant to Article 37 (1) of the Act, every refining business operator shall undergo a regular inspection conducted by the Commission, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
 Article 51 (Period for Commencing Business)
"Period prescribed by Presidential Decree" in Article 38 (1) 2 of the Act means two years from the date on which the relevant permit or license is granted.
 Article 52 (Provisions to be Applied Mutatis Mutandis)
Articles 25 and 26 shall apply mutatis mutandis to refining business operators. In such cases, "installer of a nuclear power reactor" shall be construed as "refining business operator".
Subsection 2 Transforming and Processing Business
 Article 53 (Applications for Licenses)
(1) Any person who intends to obtain a license to engage in processing business (including converting business; hereinafter the same shall apply) pursuant to the former part of the main body of Article 35 (1) of the Act shall prepare and file an application for a license for each business place with the Commission, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
(2) When the Commission intends to grant a license pursuant to the former part of the main body of Article 35 (1) of the Act, it shall deliberate on the relevant application based on the examination report submitted by an entrusted institution referred to in Article 153 before granting such license.
 Article 54 (Applications for Altered Licenses)
When a person who has obtained a license to engage in processing business pursuant to the former part of the main body of Article 35 (1) of the Act (hereinafter referred to as "processing business operator") intends to obtain a license to alter any terms and conditions of the license pursuant to the latter part of the main body of the same paragraph, he/she shall file an application for an altered license with the Commission, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
 Article 55 (Facility Inspections)
(1) Pursuant to Article 37 (1) of the Act, every processing business operator shall undergo an inspection conducted by the Commission regarding the construction works and performance of his/her processing facilities (including converting facilities; hereinafter the same shall apply).
(2) When a processing business operator intends to undergo an inspection pursuant to paragraph (1), he/she shall file an application for inspection with the Commission, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
(3) A processing business operator who intends to revise any matter stated in the application filed under paragraph (1) shall report thereon to the Commission in advance.
(4) When processing facilities are found to meet both of the following conditions as a result of an inspection conducted under paragraph (1), they shall be deemed to have passed such inspection: <Amended by Presidential Decree No. 26426, Jul. 20, 2015>
1. Where the relevant construction works have been performed as stated in the documents submitted pursuant to Article 35 (3) of the Act;
2. Where the relevant facilities are deemed installed in conformity with the technical criteria provided for in Article 36 (1) 2 of the Act.
 Article 56 (Implementation of Facility Inspections)
In conducting a facility inspection under Article 55 (1), the timing for inspection for each object of inspection shall be as follows:
1. With respect to the structures of civil works and buildings, when the works for the relevant facilities have commenced and the structure and strength thereof can be verified by each process or the leakage tests can be conducted;
2. With respect to the equipment requiring control and management to prevent nuclear fuel material from reaching its criticality, when the distance between equipment can be measured;
3. With respect to the equipment requiring airtightness or watertightness, when the non-destructive test, airtightness or watertightness tests can be conducted;
4. With respect to the facilities for disposing of radioactive wastes, when the distance between main components can be measured.
 Article 57 (Quality Assurance Inspections)
Pursuant to Article 37 (1) of the Act, the Commission may conduct an inspection to check whether a processing business operator is performing quality assurance duties according to the quality assurance plan submitted pursuant to Article 35 (3) of the Act.
 Article 58 (Regular Inspections)
(1) Pursuant to Article 37 (1) of the Act, a processing business operator shall undergo a regular inspection conducted by the Commission with respect to performance of his/her processing facilities, as prescribed by Ordinance of the Prime Minister: Provided, That if the regular inspection overlaps with the details of any inspection conducted by an institution designated as a specialized inspection institution in accordance with other Acts and subordinate statutes, such inspection may be omitted. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
(2) When the performance of processing facilities is found to be maintained in such state as passed a facility inspection conducted under Article 55 as a result of an inspection under paragraph (1), such processing facilities shall be deemed to have passed such inspection.
 Article 59 (Period for Commencing Business)
"Period prescribed by Presidential Decree" in Article 38 (1) 2 of the Act means two years from the date on which the relevant permit or license is granted.
 Article 60 (Provisions Applicable Mutatis Mutandis)
Articles 25 and 26 shall apply mutatis mutandis to processing business operators. In such cases, "installer of a nuclear power reactor" shall be construed as "processing business operator."
Subsection 3 Spent Nuclear Fuel Processing Business
 Article 61 (Applications for Designation)
(1) A person who intends to engage in spent fuel processing business shall prepare and file an application for designation with the competent Minister for each place of business, as prescribed by Ordinance of the Prime Minister, to obtain designation therefor pursuant to the former part of the main body of Article 35 (2) of the Act. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
(2) Article 53 (2) shall apply mutatis mutandis to the Commission's deliberation on applications for designation filed under paragraph (1).
 Article 62 (Applications for Approval for Revision)
When a person who has obtained designation pursuant to the former part of the main body of Article 35 (2) of the Act (hereinafter referred to as "spent nuclear fuel processing business operator") intends to obtain approval to alter any terms and conditions of such designation pursuant to the latter part of the main body of the same paragraph, he/she shall file an application for approval for such alteration with the competent Minister, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
 Article 63 (Pre-Service Inspections)
(1) Pursuant to Article 37 (1) of the Act, every spent fuel processing business operator shall undergo an inspection conducted by the Commission regarding the construction works and performance of spent fuel processing facilities.
(2) When a spent fuel processing business operator intends to undergo an inspection pursuant to paragraph (1), he/she shall file an application for inspection with the Commission, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
(3) A spent fuel processing business operator who intends to revise any matter stated in the application filed under paragraph (1) shall report thereon to the Commission in advance.
(4) When spent fuel processing facilities are found to meet both of the following conditions as a result of an inspection conducted under paragraph (1), they shall be deemed to have passed the inspection: <Amended by Presidential Decree No. 26426, Jul. 20, 2015>
1. Where the relevant construction works have been performed as stated in the documents submitted pursuant to Article 35 (3) of the Act;
2. Where the performance of the facilities meets the technical criteria provided for in Article 36 (1) 2 of the Act.
 Article 64 (Implementation of Pre-Service Inspections)
Construction processes subject to pre-service inspections pursuant to Article 63 and timing for such inspections shall be as follows:
1. With respect to materials or components requiring radiation shielding, or other materials, or components that require airtightness, watertightness, or corrosion-resistance, when airtightness testing or watertightness testing, strength testing, non-destructive inspection or testing or chemical analysis and testing are conducted;
2. With respect to assembly of facilities for taking in or storing spent nuclear fuel, the main body of spent nuclear fuel treating facilities, facilities for storing products, and waste facilities of radioactive wastes, when the dimension of main components of each facility can be measured or the strength testing, non-destructive inspection and testing, airtightness testing or watertightness testing is conducted;
3. With respect to assembly of buildings, facilities in the measurement and control system, radiation control facilities and other spent nuclear fuel treating facilities, when each facility is completed;
4. With respect to performance of spent nuclear fuel treating facilities, when a trial operation is conducted at the maximum spent nuclear fuel treatment capacity of the spent nuclear fuel treating facilities;
5. At other times the Commission deems necessary.
 Article 65 (Regular Inspections)
(1) Pursuant to Article 37 (1) of the Act, every spent nuclear fuel processing business operator shall undergo regular inspections on the performance of spent nuclear fuel processing facilities, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
(2) When the performance of spent nuclear fuel treating facilities is found to conform to the following criteria as a result of an inspection conducted under paragraph (1), such facilities shall be deemed to have passed the inspection: <Amended by Presidential Decree No. 26426, Jul. 20, 2015>
1. Spent nuclear fuel processing facilities must be operated in conformity with the technical criteria provided for in Article 36 (1) 1 through 3 of the Act;
2. The capability to prevent fires and explosion in the spent nuclear fuel processing facilities and other performance thereof must be maintained in a state in which such facilities have passed an inspection under Article 63.
 Article 66 (Period for Commencing Business)
"Period prescribed by Presidential Decree" in Article 38 (1) 2 of the Act means ten years from the date of the relevant designation.
 Article 67 (Provisions to be Applied Mutatis Mutandis)
Articles 25, 26, and 57 shall apply mutatis mutandis to spent fuel processing business operators. In such cases, "installer of a nuclear power reactor" or "processing business operator" shall be construed as "spent fuel processing business operator."
Subsection 4 Safety Measures for Operation
 Article 68 (Safety Measures for Operation of Nuclear Fuel Cycle Facilities)
(1) Pursuant to Article 40 (1) of the Act, any person who has obtained a license or designation under Article 35 (1) or (2) of the Act (hereinafter referred to as "nuclear fuel cycle business operator") shall take the following safety measures, as prescribed by the Rules of the Commission:
1. Measures for radiation controlled areas, etc.;
2. Measures for the radiation exposure dose, etc.;
3. Measures for the patrol and inspection of nuclear fuel cycle facilities;
4. Measures for the safe operation of nuclear fuel cycle facilities;
5. Measures for the self-inspection of nuclear fuel cycle facilities;
6. Measures for safe transportation within the boundary of the relevant establishment;
7. Measures for the storage of radioactive materials, etc. within the boundary of the relevant establishment;
8. Measures for the treatment, discharge, and storage of radioactive wastes within the boundary of the relevant establishment.
(2) Notwithstanding paragraph (1), paragraph (1) shall not apply where the Commission recognizes the followings:
1. The use of nuclear fuel cycle facilities pertains to research or testing;
2. It is impracticable to fully apply paragraph (1) due to the characteristics of facilities and technical differences;
3. Although the safety measures referred to in paragraph (1) are not taken, such exclusion does not hinder the safety in light of technical aspects.
Subsection 5 Decommissioning of Nuclear Fuel Cycle Facilities
 Article 68-2 (Filing Applications, etc. for Approval to Decommission Nuclear Fuel Cycle Facilities)
(1) Each nuclear fuel cycle facility business operator who intends to obtain approval to decommission his/her nuclear fuel cycle facility pursuant to the fore part of Article 42 (1) of the Act shall prepare an application for approval for decommissioning, as prescribed by Ordinance of the Prime Minister, and file the application with the Commission within two years from the date the nuclear fuel cycle facility is permanently suspended upon obtaining permission to alter his/her license concerning permanent suspension pursuant to Article 36 (2) of the Act.
(2) Upon receipt of an application for approval for decommissioning filed under paragraph (1), the Commission shall determine whether to grant approval according to the following standards:
1. That the applicant shall have the technical capability necessary to decommission a nuclear fuel cycle facility, as prescribed by the Rules of the Commission;
2. That the plan, etc. to decommission a nuclear fuel cycle facility shall meet the standards prescribed by the Rules of the Commission;
3. That the radiation exposure dose occurring in the course of decommissioning a nuclear fuel cycle facility shall be unlikely to exceed the dose limit referred to in subparagraph 4 of Article 2 and attached Table 1.
(3) Where a nuclear fuel cycle facility business operator granted approval to decommission his/her nuclear fuel cycle facility pursuant to the latter part of Article 42 (1) of the Act intends to alter approved matters, he/she shall prepare an application for approval for alteration, as prescribed by Ordinance of the Prime Minister, and file the application with the Commission.
[This Article Newly Inserted by Presidential Decree No. 26426, Jul. 20, 2015]
Section 2 Use, etc. of Nuclear Materials
Subsection 1 Use of Nuclear Fuel Materials
 Article 69 (Applications for Licenses for Use)
A person who intends to obtain a license to use or possess nuclear fuel materials pursuant to the former part of the main body of Article 45 (1) of the Act shall file an application for a license with the Commission for each place of business, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
 Article 70 (Applications for Altered Licenses)
When a person who has obtained a license under the former part of the main body of Article 45 (1) of the Act (hereinafter referred to as "nuclear fuel material user") intends to obtain a permit to alter any terms and conditions of the license pursuant to the latter part of the main body of the same paragraph, he/she shall file an application for an altered license with the Commission, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
 Article 71 (Nuclear Fuel Materials Not Subject to Licenses for Use)
"Nuclear fuel materials of the kind and quantity prescribed by Presidential Decree" in Article 45 (1) 3 of the Act means any of the following nuclear fuel materials:
1. For uranium of which ratio of uranium 235 to uranium 238 is the same as the natural mixture, and its compounds, the quantity of uranium does not exceed 300 grams;
2. For uranium of which ratio of uranium 235 to uranium 238 is less than the ratio in the natural mixture, and its compounds, the quantity of uranium does not exceed 300 grams;
3. For materials which contain at least one of the materials set forth in subparagraph 1 or 2, and which are used as fuel for a nuclear reactor, the quantity of uranium does not exceed 300 grams;
4. For thorium, and its compounds, the quantity of thorium does not exceed 900 grams;
5. For materials which contain at least one of the materials set forth in subparagraph 4, and which are used as fuel for a nuclear reactor, the quantity of thorium does not exceed 900 grams;
6. Other matters which the Commission determines and publicly announces that they are not likely to cause any occurrence of radiation injury.
 Article 72 (Criteria for Licenses)
"Equipment and human resources prescribed by Presidential Decree" in subparagraph 4 of Article 46 of the Act means the following equipment and human resources:
1. Equipment:
(a) Where sealed nuclear fuel materials are used or held, at least one radiation-dosimeter;
(b) Where unsealed nuclear fuel materials are used or held, at least one radiation-dosimeter and radiation detector each at respective utilization facilities;
2. Human resources:
(a) In the case of using or possessing nuclear fuel materials referred to in the subparagraphs of Article 73 (1), at least one person among the licensed senior nuclear fuel material handlers, licensed senior radiation handlers referred to in Article 84 (2) 3 or 7 of the Act or radiation control engineers qualified under the National Technical Qualifications Act (hereinafter referred to as "professional radiation control engineer");
(b) At least one person among licensed nuclear fuel material handlers or licensed radioisotope handlers referred to in Article 84 (2) 4 or 5 of the Act, except for cases under item (a).
 Article 73 (Facility Inspections)
(1) A nuclear fuel material user shall undergo an inspection by the Commission with respect to facilities, etc. utilizing the following nuclear fuel materials pursuant to Article 47 (1) of the Act. Where he/she alters such utilization facilities, etc. the same shall also apply to the relevant utilization facilities, etc.:
1. Plutonium, its compounds, and material which contain at least one of them and which contain at least one gram of plutonium (excluding the sealed ones);
2. Spent nuclear fuel of at least 100 curies;
3. Hexafluoride uranium which contains at least one ton of uranium;
4. Uranium, its compounds, and material which contain at least one of them and which contain at least three tons of uranium (limited to liquid material).
(2) A person who shall undergo an inspection of the construction of the facilities, etc. utilizing the nuclear fuel materials pursuant to paragraph (1) shall file an application for inspection with the Commission, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
(3) A person who shall undergo an inspection of the construction of the facilities, etc. utilizing the nuclear fuel materials pursuant to paragraph (1) shall file an application for inspection for alteration with the Commission, as prescribed by Ordinance of the Prime Minister, to alter such facilities, etc. pursuant to the latter part of the same paragraph. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
(4) When the construction of facilities, etc. utilizing the nuclear fuel materials meets the technical criteria under subparagraph 2 of Article 46 of the Act as a result of an inspection conducted under paragraphs (1) and (3), such facilities shall be deemed to have passed such inspection.
 Article 74 (Implementation of Facility Inspections)
Construction processes subject to facility inspections pursuant to Article 73 (1) and timing for such inspections shall be as follows:
1. When the non-destructive test, airtightness or watertightness test is performed with respect to equipment used for research of spent fuel processing which requires airtightness or watertightness;
2. With respect to shielding walls or other shielding material, when it is possible to measure the thickness thereof;
3. With respect to equipment requiring the monitoring of dimension and arrangement to prevent nuclear fuel material from reaching criticality, when it is possible to measure the dimension of the parts or the distance between the parts;
4. When the facilities utilizing nuclear fuel material, other than those provided for in subparagraphs 1 through 3, are completed.
 Article 75 (Regular Inspections)
Pursuant to Article 47 (1) of the Act, every nuclear fuel material user shall undergo a regular inspection conducted by the Commission, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
 Article 76 (Provisions to be Applied Mutatis Mutandis)
Articles 25 and 26 shall apply mutatis mutandis to nuclear fuel material users. In such cases, "installer of a nuclear power reactor" shall be construed as "nuclear fuel material user."
Subsection 2 Use of Nuclear Raw Material
 Article 77 (Reporting on Use)
A person who intends to use nuclear raw material pursuant to the former part of Article 52 (1) of the Act shall prepare a report on each of his/her business establishments and submit the report to the Commission, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
 Article 78 (Reporting on Revisions)
When a person who has reported pursuant to the former part of Article 52 (1) of the Act intends to report any revision of reported matters pursuant to the latter part of the same paragraph, he/she shall prepare a revised report on each of his/her business establishments and submit such report to the Commission, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
CHAPTER V CONTROL OF RADIOISOTOPES, ETC., RADIOACTIVE WASTE AND RADIOACTIVE MATERIAL
 Article 79 (Applications for Licenses for Use)
(1) A person who intends to obtain a license to produce, sell, use (including possession and handling; hereinafter the same shall apply), or make a mobile-use of radioisotopes or radiation-generating devices under the former part of the main body of Article 53 (1) of the Act (hereinafter referred to as "radioisotopes, etc.") shall prepare an application for a license for each of his/her business establishments and file the application with the Commission, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
(2) A person who intends to obtain a license to produce radioisotopes, etc. pursuant to paragraph (1) shall prepare an application for a license for each of his/her business establishments by kind and quantity of nuclear material in the case of radioisotopes, and by capacity, in the case of radiation-generating devices, and file the application with the Commission, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
 Article 80 (Applications for Altering Terms and Conditions of Licenses)
When a person who has obtained a license pursuant to the former part of the main body of Article 53 (1) of the Act (hereinafter referred to as “licensed user”) intends to obtain a license to alter any terms and conditions of the license pursuant to the latter part of the main body of the same paragraph, he/she shall file an application for an altered license with the Commission, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
 Article 81 (Reporting on Use)
A person who intends to report the use or mobile use of the sealed radioisotope or a radiation-generating device pursuant to the former part of Article 53 (2) of the Act shall prepare a report on use or mobile use for each of his/her business establishments and submit such report to the Commission, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
 Article 82 (Reporting on Revision)
When a person who has reported pursuant to the former part of Article 53 (2) of the Act (hereinafter referred to as "reported user") intends to revise any reported matter pursuant to the latter part of the same paragraph, he/she shall submit a revised report to the Commission, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
 Article 82-2 (Appointment, etc. of Radiation Safety Managers)
(1) Each licensed user or reported user shall appoint a radiation safety manager at each place of business pursuant to Article 53-2 (1) of the Act; and he/she shall, without delay, appoint a new radiation safety manager to replace or dismisses the appointed radiation safety manager.
(2) Notwithstanding paragraph (1), a person who has reported the establishment or change of a workplace (hereinafter referred to as "workplace") to move and use radioisotopes, etc. for the purpose of radiographic testing in a place other than his/her place of business pursuant to the proviso to Article 53 (1) of the Act shall appoint a radiation safety manager under paragraph (1) at each workplace: Provided, That where the workplace falls under any of the following, he/she may appoint a radiation safety manager according to the following, instead of appointing a radiation safety manager at each workplace:
1. Where the workplace is situated in the same Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) or within 15 kilometers from the boundary of the Si/Gun/Gu: One radiation safety manager at every up to two workplaces (where the radiation source is used only at the facilities reserved exclusively for the use of radiation, at every up to three workplaces);
2. Where the workplace uses only one radiation source, the period of radiation works is less than one month and a radiation safety manager always participates in radiation works: One radiation safety manager at every up to five workplaces.
(3) Where a licensed user or reported user appoints a radiation safety manager or a new radiation safety manager to replace or dismiss the appointed radiation safety manager pursuant to Article 53-2 (1) and (3) of the Act, he/she shall report thereon to the Commission, as prescribed by Ordinance of the Prime Minister, by no later than the following deadlines:
1. Where he/she appoints a radiation safety manager pursuant to the fore part of Article 53-2 (1) of the Act: By no later than the date he/she starts using radioisotopes, etc.;
2. Where he/she replaces a radiation safety manager pursuant to the latter part of Article 53-2 (1) of the Act: By no later than such replacement;
3. Where he/she appoints a new radiation safety manager to dismiss the former radiation safety manager pursuant to Article 53-2 (3) of the Act: Within 30 days from the date of dismissal.
[This Article Newly Inserted by Presidential Decree No. 25747, Nov. 19, 2014]
 Article 82-3 (Qualification Requirements for Radiation Safety Managers)
(1) The qualification requirements for radiation safety managers under Article 53-2 (6) of the Act shall be as follows:
1. A radiation safety manager appointed by a licensed user shall be a holder of any of the licenses referred to in Article 84 (2) 5 through 7 of the Act or a holder of a professional radiation control engineer license from among his/her employees in the relevant place of business;
2. A radiation safety manager appointed by a reported user shall be a person with work experience in handling radioisotopes, etc. from among his/her employees in the relevant place of business.
(2) Notwithstanding paragraph (1), a person who intends to outsource radiation safety management referred to in Article 54 (1) 5 of the Act to a business agent may appoint a person referred to in subparagraph 3 of attached Table 4 as a radiation safety manager.
(3) Further details about qualification requirements for radiation safety managers under paragraph (1) shall be prescribed by Ordinance of the Prime Minister.
[This Article Newly Inserted by Presidential Decree No. 25747, Nov. 19, 2014]
 Article 83 (Criteria for Licenses)
(1) "Dose limits prescribed by Presidential Decree" in Article 55 (1) 2 of the Act means the dose limit referred to in subparagraph 4 of Article 2.
(2) "Equipment and human resources prescribed by Presidential Decree" in Article 55 (1) 4 of the Act means the equipment referred to in attached Table 2 and human resources referred to in attached Table 3. <Amended by Presidential Decree No. 24689, Aug. 16, 2013>
(3) Where a person who intends to use or sell radioisotopes, etc. outsources radiation safety management referred to in Article 54 (1) 5 of the Act to a business agent referred to in Article 54 (2) of the Act (hereinafter referred to as "business agent"), he/she can meet the requirement for human resources referred to in paragraph (2) with the business agent’s human resources, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013; Presidential Decree No. 25747, Nov. 19, 2014>
 Article 84 (Criteria for Registration)
"Equipment and human resources prescribed by Presidential Decree" in Article 55 (2) 2 of the Act means the following equipment and human resources:
1. Equipment: The following equipment to take exclusive charge of the registered service:
(a) At least five radiation-dosimeters;
(b) At least two radiation detectors;
(c) At least one radiation monitor and at least one pocket dosimeter for each person in charge;
(d) At least one vehicle exclusively used to transport radioactive materials, etc. (limited to where the duties provided for in Article 54 (1) 2 of the Act are performed by a business agent);
2. Human resources: Human resources exclusively in charge of the registered service as shown in attached Table 4.
 Article 85 (Facility Inspections)
(1) When a licensed user installs or alters facilities for the production, use, distribution, storage, retention, processing, and discharge of radioisotopes, etc. (hereinafter referred to as "facilities for use, etc.") pursuant to the main body of Article 56 (1) of the Act, he/she shall have the relevant facilities inspected by the Commission.
(2) When a licensed user conducts a self-inspection of any of the following facilities for use, etc., as prescribed by Ordinance of the Prime Minister, and passes a documentary examination of the Commission with respect to the results of such self-inspection, a facility inspection under paragraph (1) shall be substituted by the relevant self-inspection: Provided, That the same shall not apply to the first inspection of the relevant facilities for use, etc.: <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
1. Facilities for use, etc. in which radiation equipment (limited to those that can be handled without additional installation of radiation shields) approved pursuant to the main body of Article 60 (1) of the Act is installed;
2. Facilities for use, etc. in which radiation-generating devices approved pursuant to the main body of Article 60 (1) of the Act and prescribed by Ordinance of the Prime Minister are installed;
3. Facilities for use, etc. of sealed radioisotopes of less than 370 gigabecquerels.
(3) When a business agent supervises any of the facilities for use, etc. referred to in the subparagraphs of paragraph (2), as prescribed by Ordinance of the Prime Minister, and passes a documentary examination of the Commission with respect to the results of such supervision, a facility inspection under paragraph (1) shall be substituted by such supervision: Provided, That the same shall not apply to the first inspection of the relevant facilities for use, etc. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
(4) When the installation or alteration of facilities for use, etc. is found to conform to the terms and conditions of the license (including conditions prescribed in Article 99 of the Act) granted under Article 53 (1) of the Act as a result of a documentary examination on the results of the inspection under paragraph (1), self-inspection under paragraph (2) or supervision under paragraph (3), such facilities for use, etc. shall be deemed to have been passed such inspection.
(5) Pursuant to paragraph (1), the Commission shall inspect facilities for use, etc. which have failed in a documentary examination on the results of the self-inspection or supervision submitted under paragraph (2) or (3).
 Article 86 (Exemption from Facility Inspections)
Facility inspections are exempted pursuant to the proviso to Article 56 (1) of the Act in any of the following circumstances: <Amended by Presidential Decree No. 24689, Aug. 16, 2013>
1. Where storage facilities for radioisotopes (hereinafter referred to as "unsealed radioisotopes"), other than sealed radioisotopes, are changed;
2. Where storage facilities for radioactive wastes (excluding wastes sources) are changed;
3. Where facilities for use, etc. are installed in a place for temporary use;
4. Where facilities for use, etc. are additionally installed or changed to use radioisotopes, etc. subject to reporting pursuant to Article 53 (2) of the Act;
5. Where radiation equipment which has passed a manufacturing inspection under Article 94 (1) is installed without altering existing facilities;
6. Where the synchrotron beamline is additionally installed in the synchrotron light source or the structure is altered and the Commission deems it unnecessary to inspect the facilities;
7. Where facilities for keeping radiation-generating devices are installed or changed.
 Article 87 (Applications for Facility Inspections)
A person who shall undergo an inspection of facilities for use, etc. pursuant to Article 85 (1) shall file an application for inspection, accompanied by the documents prescribed by Ordinance of the Prime Minister, with the Commission. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
 Article 88 (Regular Inspections)
(1) Pursuant to Article 56 (1) of the Act, each licensed user shall undergo a regular inspection conducted by the Commission with regard to facilities for use, etc. and the operation thereof, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
(2) Pursuant to the main body of Article 56 (1) of the Act, each business agent shall undergo a regular inspection conducted by the Commission with regard to the provision and details of his/her agency services, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
(3) When a licensed user satisfying all the following requirements conducts a self-inspection with regard to facilities for use, etc. and the operation thereof, as prescribed by Ordinance of the Prime Minister, and passes a documentary examination of the Commission on the findings of such self-inspection, a regular inspection under paragraph (1) shall be substituted by such self-inspection: Provided, That the same shall not apply to the first regular inspection: <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
1. A licensed user shall install and operate facilities for use, etc., the regular inspection cycle of which, prescribed by Ordinance of the Prime Minister, is three years or five years;
2. A licensed user shall not be subjected to an order for correction or supplementation in the immediately preceding regular inspection;
3. A licensed user shall not fail to file a report (limited to reports on the relevant facilities for use, etc. and the operation thereof) under Article 98 (1) of the Act for the last three years counting from January 1 of the year in which a regular inspection is conducted;
4. A licensed user shall not have any cases of persons with abnormal reading for the last three years counting from January 1 of the year in which a regular inspection is conducted;
5. There shall be no occurrence of robbery, losses, fires, and other accidents involving radiation-generating devices, or radioactive materials, etc. referred to in Article 97 of the Act for the last five years counting from January 1 of the year in which a regular inspection is conducted.
(4) When facilities for use, etc. and the operation thereof are found to be maintained in conformity with the criteria provided for in Articles 55 and 59 (1) of the Act as a result of a documentary examination on the findings of an inspection under paragraphs (1) and (2) or the findings of a self-inspection under paragraph (3), the he/she shall be deemed to have passed such documentary examination.
(5) The Commission shall conduct an inspection under paragraph (1) for facilities for use, etc. which have failed in a documentary examination on the findings of a self-inspection submitted pursuant to paragraph (3) and the operation thereof.
 Article 89 (Exemption from Regular Inspections)
(1) Pursuant to the proviso to Article 56 (1) of the Act, licensed users and business agents the Commission recognizes to be outstanding as a result of an inspection under Article 88 and Article 98 (2) of the Act or to have achieved a high level of self-management of safety shall be exempted from regular inspections.
(2) The Commission shall determine and publish the criteria for exemption from regular inspections referred to in paragraph (1) and other necessary matters.
 Article 90 (Applications for Regular Inspections)
A person who shall undergo an inspection pursuant to Article 88 (1) and (2) shall file an application for inspection with the Commission: Provided, That the same shall not apply where the Commission has formulated an inspection plan for agencies subject to regular inspections for the pertinent year and notified the licensed users and the business agents thereof.
 Article 91 (Production Inspections)
(1) Pursuant to Article 56 (1) of the Act, any person who has obtained a license to produce radioisotopes shall have the production of the following radioisotopes inspected by the Commission by type and quantity of nuclear material, as prescribed by the Rules of the Commission:
1. Sealed radioisotopes;
2. Unsealed radioisotopes;
3. Special-form radioactive materials.
(2) When the performance of radioisotopes and the details of the quality assurance plan conform to the criteria for licenses provided for in Article 55 (1) 3 of the Act as a result of an inspection under paragraph (1), they shall be deemed to have been passed the inspection.
 Article 92 (Period for Commencing Business)
"Period prescribed by Presidential Decree" in Article 57 (1) 2 of the Act means one year from the date on which the relevant license is granted.
 Article 92-2 (Resumption of Work by Clients, etc.)
(1) If a client referred to in Article 59-2 (1) of the Act (hereinafter referred to as "client"), licensed user or reported user intends to resume work pursuant to Article 59-2 (5) of the Act, he/she shall submit documents evidencing that the cause for suspension of work has been resolved by the installation of safety facilities, etc.
(2) Where the Commission deems that an order to install or supplement safety facilities issued under Article 59-2 (2) is appropriately implemented after examining the evidentiary documents submitted under paragraph (1), it shall, without delay, give notice to the relevant client, licensed user or reported user that he/she can resume suspended work.
[This Article Newly Inserted by Presidential Decree No. 25747, Nov. 19, 2014]
 Article 93 (Approval for Design of Radiation Equipment)
(1) A person who intends to manufacture or import radiation generating devices or devices containing radioisotopes under the former part of the main body of Article 60 (1) of the Act (hereinafter referred to as "radiation equipment") shall obtain approval for design of the relevant type of radiation equipment (hereinafter referred to as "approval for design"), as prescribed by Ordinance of the Prime Minister: Provided, That the same shall not apply where he/she intends to repeatedly manufacture or import radiation equipment, the design of which has already been approved. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
(2) The criteria for approving design shall be as follows:
1. It shall be unlikely that the radiation source is easily released or radiation injuries occur due to the damage, corrosion, etc. of the radiation equipment;
2. The design and structure of the radiation equipment shall conform to the criteria prescribed and publicly announced by the Commission.
(3) When the design of the radiation equipment conforms to the criteria provided for in paragraph (2), the Commission shall issue a certificate of approval for design to the relevant applicant, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
(4) Radiation equipment, a permit for manufacture by type of which, or a importation permit by type of which, has been granted under Article 6 (2) 2 of the Medical Devices Act or Article 15 (2) 2 shall be deemed to meet the criteria provided for in paragraph (2). <Newly Inserted by Presidential Decree No. 24689, Aug. 16, 2013>
 Article 94 (Inspections of Radiation Equipment)
(1) A person who intends to undergo an inspection under the main body of Article 61 (1) of the Act shall file an application for inspection with the Commission, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
(2) The Commission shall determine and publish matters necessary for the criteria for inspections to be conducted under paragraph (1).
(3) When any radiation equipment is found to conform to the criteria for inspections published under paragraph (2) as a result of the inspection under paragraph (1), such radiation equipment shall be deemed to have been passed such inspection.
 Article 95 (Radiation Equipment Exempted from Inspections)
(1) Pursuant to the proviso to Article 61 (1) of the Act, radiation equipment shall be exempted from inspections if any of the following applies: <Amended by Presidential Decree No. 24689, Aug. 16, 2013; Presidential Decree No. 25747, Nov. 19, 2014>
1. Where the radiation equipment that passed an inspection under Article 94 is repeatedly manufactured according to a certificate of approval for design issued under Article 93 (3);
2. Where the design of the radiation equipment is approved as it falls under Article 93 (4);
3. Other radiation equipment determined and publicly notified by the Commission.
(2) Matters necessary for exemption from inspections, such as criteria for exemption from inspections under paragraph (1), shall be determined and publicly notified by the Commission. <Newly Inserted by Presidential Decree No. 25747, Nov. 19, 2014>
CHAPTER VI DISPOSAL, TRANSPORTATION, ETC.
 Article 96 (Filing Applications for Permits to Construct and Operate Radioactive Waste Management Facilities, etc.)
A person who intends to obtain a permit to construct and operate facilities to store, process, and dispose of radioactive wastes and annexed facilities under the former part of Article 63 (1) of the Act (hereinafter referred to as "radioactive waste management facilities, etc.") shall prepare and file an application for a permit for each radioactive waste management facility, etc. with the Commission, as prescribed by Ordinance of the Prime Minister. In such cases, a person who intends to obtain a construct permit for and an operation license of radioactive waste disposal facilities shall evaluate the safety of the disposal taking the following matters into account, set the post-shutdown management period of the radioactive waste disposal facilities pursuant to subparagraph 5 of Article 64 of the Act within the applicable period provided for in subparagraphs of Article 99 (2) of Article 64 and report it to the Commission: <Amended by Presidential Decree No. 24431, Mar. 23, 2013; Presidential Decree No. 26426, Jul. 20, 2015; Presidential Decree No. 27678, Dec. 22, 2016>
1. Methods of disposal;
2. Depth of disposal;
3. Distinct features of the designs of the disposal facilities;
4. Kinds and quantities of disposed wastes;
5. Characteristics of the site;
6. Social characteristics of the surroundings;
7. Management activities after the shutdown of the disposal facilities.
 Article 97 (Annexed Facilities)
Annexed facilities referred to in the former part of the main body of Article 63 (1) of the Act mean radiation safety-related facilities used for accepting and inspecting radioactive wastes.
 Article 98 (Filing Applications for Alteration of Permits)
If a person granted a permit to construct and operate radioactive waste management facilities, etc. pursuant to the fore part of Article 63 (1) of the Act (hereinafter referred to as "constructor and operator of radioactive waste management facilities, etc.") intends to obtain permission to alter any term or condition of the permit pursuant to the latter part of the main body of the same paragraph, he/she shall file an application for permission for alteration with the Commission, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013; Presidential Decree No. 26426, Jul. 20, 2015>
 Article 99 (Criteria for Permits)
(1) "Equipment and human resources prescribed by Presidential Decree" in subparagraph 4 of Article 64 of the Act means:
1. Equipment:
(a) At least three radiation-dosimeters;
(b) At least three radiation detectors;
(c) At least one apparatus for handling and transporting radioactive wastes;
2. Human resources: At least one licensed senior radiation handler referred to in Article 84 (2) 7 of the Act or professional radiation control engineer.
(2) "Period prescribed by Presidential Decree" in subparagraph 5 of Article 64 of the Act means the post-shutdown management period of radioactive waste disposal facilities provided for in the following subparagraph. To operate two or more radioactive waste disposal facilities within the same site in such cases, the post-shutdown management period of a disposal facility that requires the longest period among such radioactive waste disposal facilities shall apply to all radioactive waste disposal facilities within the relevant site: <Newly Inserted by Presidential Decree No. 27678, Dec. 22, 2016>
1. Radioactive waste disposal facilities using the mined cavity disposal method: Up to 200 years;
2. Radioactive waste disposal facilities using the near-surface disposal method, other than the mined cavity disposal method: Up to 300 years.
 Article 100 (Notice of Examination Plans)
Upon receipt of an application for a permit filed under Article 96, the Commission shall notify the relevant applicant of whether the application documents are appropriate and of an examination plan within 45 days from the date when the application is filed.
 Article 101 (Pre-Service Inspections)
(1) Pursuant to Article 65 (1) of the Act, each constructor and operator of radioactive waste management facilities, etc. shall undergo an inspection conducted by the Commission regarding the construction works and performance of his/her radioactive waste management facilities, etc. <Amended by Presidential Decree No. 26426, Jul. 20, 2015>
(2) Where radioactive waste management facilities, etc. are found to meet the following criteria as a result of an inspection conducted under paragraph (1), they shall be deemed to have passed the inspection: <Amended by Presidential Decree No. 26426, Jul. 20, 2015>
1. Where the construction works have been performed in compliance with the terms and conditions of a permit granted under Article 63 of the Act;
2. Where the structure, equipment, and performance of the radioactive waste management facilities, etc. conform to the technical criteria prescribed by the Rules of the Commission.
(3) A person who intends to undergo an inspection pursuant to paragraph (1) shall file an application for inspection with the Commission, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
 Article 102 (Timing for Pre-Service Inspections)
In conducting a pre-service inspection pursuant to Article 101 (1), the timing for such inspection for each object to be inspected shall be as follows:
1. When the works have commenced for civil works or building structures, and when it is possible to verify the strength by process or to conduct leakage-related testing;
2. With respect to materials and components requiring radiation shielding, airtightness, watertightness, or anti-corrosion, when it is possible to conduct airtightness testing, watertightness testing, strength testing, chemical testing, or non-destructive inspections;
3. With respect to radiation control equipment, ventilation equipment, waste disposal equipment, or measurement and control equipment, when it is possible to conduct performance testing;
4. When the entire construction works included in the construction work plan are completed.
 Article 103 (Regular Inspections)
(1) Each constructor and operator of radioactive waste management facilities, etc. shall undergo a regular inspection conducted by the Commission with regard to the establishment and operation of his/her radioactive waste management facilities, etc., and the storage, treatment, and disposal of radioactive wastes pursuant to Article 65 (1) of the Act, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013; Presidential Decree No. 26426, Jul. 20, 2015>
(2) A person who intends to undergo a regular inspection under paragraph (1) shall file an application, accompanied by documents prescribed by Ordinance of the Prime Minister, with the Commission. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
(3) Where radioactive waste management facilities, etc. are found to meet the following criteria as a result of an inspection conducted under paragraph (1), they shall be deemed to have passed the inspection: <Amended by Presidential Decree No. 26426, Jul. 20, 2015>
1. Where the structure, equipment and performance conform to the technical criteria provided for in subparagraph 2 of Article 64 of the Act and Article 68 (1) 1 of the Act;
2. Where the storage, treatment and disposal of radioactive wastes conform with the technical criteria provided for in Article 68 (1) 2 of the Act.
 Article 104 (Inspections of Disposal)
(1) Each constructor and operator of radioactive waste management facilities, etc. who intends to dispose of radioactive wastes shall undergo an inspection of disposal pursuant to Article 65 of the Act, as prescribed by the Rules of the Commission. <Amended by Presidential Decree No. 26426, Jul. 20, 2015>
(2) A person who intends to undergo an inspection of disposal pursuant to paragraph (1) shall file an application, accompanied by the documents prescribed by Ordinance of the Prime Minister, with the Commission. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
(3) When the disposal of radioactive wastes is found to meet the technical criteria provided for in Article 68 (1) 2 of the Act as a result of an inspection conducted under paragraph (1), it shall be deemed to have passed the inspection.
 Article 105 (Period for Commencing Business)
"Period prescribed by Presidential Decree" in Article 66 (1) 2 of the Act means two years from the date on which the relevant permit is granted.
 Article 106 (Provisions to be Applied Mutatis Mutandis)
Articles 25, 26 and 31 shall apply mutatis mutandis to constructors and operators of radioactive waste management facilities, etc. In such cases, "installer of a nuclear power reactor" shall be deemed "constructor and operator of disposal facilities, etc." <Amended by Presidential Decree No. 26426, Jul. 20, 2015>
 Article 107 (Procedures and Methods for Self-Disposal of Radioactive Wastes)
(1) Pursuant to Article 70 (3) of the Act, nuclear energy-related business operators referred to in Article 71 of the Act (hereinafter referred to as "nuclear energy-related business operator") may dispose of any of the following radioactive wastes confirmed by the Commission as having concentration by nuclide not exceeding the value determined by the Commission by means of incineration, reclamation, recycling, etc. (hereinafter referred to as "self-disposal"): <Amended by Presidential Decree No. 25604, Sep. 11, 2014; Presidential Decree No. 26426, Jul. 20, 2015>
1. Radioactive wastes generated by nuclear energy-related business operators;
2. Radioactive wastes under management, the disposal of which is outsourced by nuclear energy-related business operators (excluding constructors and operators of radioactive waste management facilities, etc.).
(2) Each nuclear energy-related business operator who intends to conduct self-disposal pursuant to paragraph (1) shall submit a self-disposal plan accompanied by relevant documents to the Commission, as prescribed by Ordinance of the Prime Minister, whenever he/she conducts self-disposal of radioactive wastes. The same shall also apply to any revision thereof. <Amended by Presidential Decree No. 24431, Mar. 23, 2013; Presidential Decree No. 25604, Sep. 11, 2014>
(3) Notwithstanding the fore part of paragraph (2), a nuclear energy-related business operator who intends to conduct self-disposal of radioactive wastes meeting all of the following requirements may submit a self-disposal plan referred to in paragraph (2) to the Commission every five years: <Amended by Presidential Decree No. 25604, Sep. 11, 2014>
1. That the radioactive wastes shall include a single nuclide with half-life less than five days;
2. That the radioactive wastes shall meet permissible standards for self-disposal determined and publicly announced by the Commission.
(4) The Commission shall examine whether a self-disposal plan submitted under paragraph (2) or (3) complies with the methods and procedures for self-disposal determined and publicly announced by the Commission, and notify the relevant nuclear energy-related business operator of the results thereof. <Newly Inserted by Presidential Decree No. 25604, Sep. 11, 2014>
(5) A nuclear energy-related business operator, in receipt of notice that his/her self-disposal plan is appropriate pursuant to paragraph (4), may conduct self-disposal of the relevant radioactive wastes. <Newly Inserted by Presidential Decree No. 25604, Sep. 11, 2014>
(6) A person who conducts self-disposal pursuant to paragraph (5) shall keep records pertaining to the self-disposal of radioactive wastes for five years from the date of self-disposal. <Amended by Presidential Decree No. 25604, Sep. 11, 2014>
 Article 108 (Reporting on Transportation)
(1) A nuclear energy-related business operator who intends to report on transportation of radioactive materials, etc. pursuant to Article 71 (1) of the Act shall submit, for each transport, a report and documents prescribed by Ordinance of the Prime Minister to the Commission: Provided, That a person who has obtained a permit for the production, sale, use, or mobile use of radioisotopes, etc. pursuant to the main body of Article 53 (1) of the Act may submit such report for a period prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
(2) Upon receipt of a report submitted under paragraph (1), where the Commission deems that details of such report are incomplete or the transportation of radioactive materials is likely to jeopardize the safety of human bodies, objects, and the public, it may order the reporter to take corrective or supplementary measures.
(3) A person who has submitted a report pursuant to paragraph (1) shall submit a revised report to the Commission before revising any reported matter.
(4) A report referred to in paragraph (1) shall be submitted five days prior to the scheduled date for commencement of transportation.
 Article 109 (Reporting on Transport by Foreign Ships, etc.)
(1) A person who intends to have any ship or aircraft laden with radioactive materials, etc. to enter any port or airport of the Republic of Korea or to sail through the territorial waters of the Republic of Korea pursuant to Article 71 (2) of the Act shall report thereon to the Commission, along with documents prescribed by Ordinance of the Prime Minister, by no later than seven days prior to the scheduled date for departure. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
(2) Where the Commission deems that details of a report submitted under paragraph (1) are incomplete or the transport of radioactive materials is likely to jeopardize the safety of human bodies, objects, and the public, it may order the reporter to take corrective or supplementary measures.
(3) A person who has submitted a report pursuant to paragraph (1) shall submit a revised report to the Commission before revising any reported matter.
 Article 110 (Measures, etc. at Times of Accidents)
(1) "When any leakage of radioactive materials, any fire or any other accident occurs" in Article 74 (2) of the Act means:
1. When the leakage, deviation, etc. of radioactive materials, etc. is likely to cause environmental contamination or to threaten the safety of radiation workers;
2. When any fire involving vehicles or radioactive materials, etc is likely to cause leakage of radioactive materials, etc;
3. When radiation workers and persons with frequent access are exposed to radiation above the dose limits;
4. When packing materials imported from overseas are not in conformity with the criteria for transport provided for in the Act and this Decree;
5. When radioactive materials, etc. are stolen or lost;
6. When urgent evacuation of residents nearby is necessary due to leakage of radioactive materials, etc.
(2) Article 136 shall apply mutatis mutandis to safety measures to be taken by a nuclear energy-related business operator or a person entrusted with the transport of radioactive materials, etc. when an accident referred to in paragraph (1) occurs.
(3) When an accident referred to in paragraph (1) 5 or 6 occurs, a nuclear energy-related business operator or a person entrusted with the transport of radioactive material, etc. shall immediately report such accident to the police office having jurisdiction over the affected area.
 Article 111 (Inspections of Packaging and Transport)
(1) A nuclear energy-related business operator, and a person entrusted with the packaging or transport of radioactive materials, etc. thereby and prescribed by Ordinance of the Prime Minister shall undergo a regular inspection under Article 75 (1) of the Act, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
(2) A nuclear energy-related business operator and a person entrusted with the packaging or transport of radioactive materials, etc. thereby shall have the packaging or transport of radioactive materials, etc. prescribed by Ordinance of the Prime Minister inspected pursuant to Article 75 (1) of the Act whenever packing or transporting such radioactive materials, etc. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
(3) The Commission shall determine and publicly announce the methods and procedures for inspections of packaging or transport under paragraph (1) or (2), and other necessary matters.
(4) A person who intends to undergo an inspection of packaging or transport under paragraph (1) or (2) shall file an application for inspection with the Commission, as prescribed by Ordinance of the Prime Minister: Provided, That the same shall not apply where the Commission has formulated a regular inspection plan for the pertinent year and notified the relevant business operator of the regular inspection plan. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
(5) When a nuclear energy-related business operator satisfying all the following requirements conducts a self-inspection for the subject matter of inspections prescribed by Ordinance of the Prime Minister, as prescribed by Ordinance of the Prime Minister, and passes a documentary examination of the Commission on the findings of such self-inspection, a regular inspection under paragraph (1) shall be substituted by such self-inspection: Provided, That the same shall not apply to the first regular inspection: <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
1. That he/she shall produce and sell radioisotopes in quantities below the standard quantities prescribed by Ordinance of the Prime Minister;
2. That he/she shall not be subjected to an order for correction or supplementation in the immediately preceding regular inspection;
3. That he/she shall not fail to submit a report (limited to reports related to inspections under Article 75 (1) of the Act) referred to in Article 98 (1) of the Act for the last three years counting from January 1 of the year in which a regular inspection is conducted;
4. There shall be no occurrence of robbery, losses, fires, and other accidents involving radiation-generating devices or radioactive materials, etc. under Article 97 of the Act for the last five years counting from January 1 of the year in which a regular inspection is conducted.
(6) When the packaging and transport are found to conform to the details of a transport report submitted under Article 71 of the Act and the technical criteria provided for in Article 72 of the Act as a result of a documentary examination on the findings of the inspection under paragraphs (1) and (2) or self-inspection under paragraph (5), they shall be deemed to have passed the inspection.
(7) The Commission shall conduct an inspection under paragraph (1) for the subject matter of inspections which has failed in a documentary examination as a result of a self-inspection submitted pursuant to paragraph (5).
 Article 112 (Approval for Design of Transport Containers)
(1) A nuclear energy-related business operator who intends to manufacture or import containers for packing and transporting radioactive materials, etc. under the former part of the main body of Article 76 (1) of the Act (hereinafter referred to as "transport container") shall obtain approval for the design of the transport containers for each type (hereafter referred to as "design approval" in this Chapter), as prescribed by Ordinance of the Prime Minister: Provided, That the same shall not apply where he/she intends to repeatedly manufacture transport containers, the design of which has already been approved. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
(2) "Criteria for design prescribed by Presidential Decree" in the former part of the main body of Article 76 (1) of the Act means that:
1. The radiation source or contaminated material shall not be easily leaked due to any breakage, abrasion, etc. of the transport containers or any radiation injury shall not be likely to occur;
2. The design, material, and structure of the transport containers shall conform to the criteria determined and publicly announced by the Commission.
(3) When the design of transport containers conforms to the criteria referred to in paragraph (2), the Commission shall issue a written approval for design to the relevant applicant, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
 Article 113 (Inspections of Transportation Containers)
(1) Pursuant to the main body of Article 77 (1) of the Act, each nuclear energy-related business operator shall undergo a manufacturing inspection when manufacturing transportation containers upon obtaining approval for design thereof, or importing transportation containers manufactured overseas.
(2) A nuclear energy-related business operator who intends to continue to use transportation containers shall undergo an in-service inspection of following matters every five years pursuant to the main body of Article 77 (1) of the Act (hereinafter referred to as "in-service inspection"). In such cases, the timing for in-service inspections and other necessary matters shall be determined and publicly notified by the Commission: <Amended by Presidential Decree No. 25747, Nov. 19, 2014>
1. B(U)-type transportation containers, B(M)-type transportation containers and C-type transportation containers;
2. Fissile material transportation containers.
(3) When a person who intends to undergo an in-service inspection has undergone a documentary examination of the Commission by submitting a self-inspection report, as prescribed by Ordinance of the Prime Minister, the in-service inspection under paragraph (2) shall be substituted by the submission of such self-inspection report. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
(4) Criteria for manufacturing inspections and in-service inspections under paragraphs (1) and (2), criteria for documentary examinations on self-inspection reports under paragraph (3), and other necessary matters, shall be prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
(5) When transportation containers are found to meet the criteria for inspections and the criteria for documentary examinations under paragraph (4) as a result of a manufacturing inspection, in-service inspection, and documentary examination conducted under paragraphs (1) through (3), such transportation containers shall be deemed to have passed such inspections and documentary examination.
 Article 114 (Exemption from Inspection of Transport Containers)
(1) Inspections of manufacturing or in-service inspections shall be exempted pursuant to the proviso to Article 77 (1) of the Act in either of the following cases: <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
1. Where documents showing a design approval as prescribed by Ordinance of the Prime Minister and the passing of an inspection of manufacturing for foreign-made transport containers have been submitted to the Commission for examinations and the foreign-made transport containers are deemed to have passed those inspections as a result of the examination by the Commission;
2. Where documents showing the passing of an in-service inspection for foreign-made transport containers, which have already undergone the in-service inspection overseas, have been submitted to the Commission for examination as prescribed by Ordinance of the Prime Minister and the foreign-made transport containers are deemed to have passed the in-service inspection as a result of the examination by the Commission.
(2) Matters necessary for exemption from inspection of manufacturing or an in-service inspection under paragraph (1) shall be prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
CHAPTER VII READING, ETC. OF RADIATION EXPOSURE DOSE
 Article 115 (Inspections of Dosimeter Readings)
(1) Pursuant to Article 80 (1) of the Act, any person registered to render dosimeter reading service pursuant to Article 78 (1) of the Act (hereinafter referred to as "dosimeter reading service provider") shall have the establishment, operation, and reading performance of radiation dose reading facilities inspected by the Commission, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
(2) Inspections under paragraph (1) shall be classified into inspections conducted before the commencement of dosimeter reading service and annual regular inspections.
(3) A person who intends to undergo an inspection referred to in paragraph (1) shall file an application for inspection with the Commission, along with documents prescribed by Ordinance of the Prime Minister: Provided, That he/she need not submit an application where the Commission has formulated a regular inspection plan to be implemented in the relevant year and notified the dosimeter reading service provider of such plan. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
(4) The Commission shall determine and publicly announce criteria, methods, procedures for inspections under paragraph (1), and other necessary matters.
(5) When the establishment, operation, and reading performance of radiation dose reading facilities are found to conform to the criteria under paragraph (4) as a result of the inspection under paragraph (1), such facilities shall be deemed to have passed the inspection.
 Article 116 (Period for Commencing Business)
"Period prescribed by Presidential Decree" in Article 81 (1) 2 of the Act means one year from the date the relevant registration is made.
CHAPTER VIII LICENSES AND EXAMINATIONS
 Article 117 (Effects of Licenses)
Among persons who have acquired licenses referred to in the subparagraphs of Article 84 (2) of the Act, persons who have acquired licenses referred to in subparagraphs 1 and 2 of the same paragraph, persons who have acquired licenses referred to in subparagraphs 3 and 4 of the same paragraph, and persons who have acquired licenses in subparagraphs 5 through 7 of the same paragraph and professional radiation control engineers may engage in operating reactors, in handling nuclear fuel materials, and in handling radioisotopes, etc., respectively.
 Article 118 (Eligibility to Take Examinations)
(1) Eligibility requirements to take examinations for licenses referred to in Article 84 (2) of the Act shall be divided into the academic career requirements and work experience requirements (including education and training).
(2) The academic career and work experience requirements referred to in paragraph (1) are as shown in attached Table 5.
(3) The Commission shall determine and publicly announce the details of, and methods for calculating work experience referred to in paragraphs (1) and (2).
 Article 119 (Methods for Administering Examinations)
(1) Examinations for licenses referred to in Article 84 (2) 1 and 2 of the Act shall be administered as provided for in Article 87 (1) and (4) of the Act, based on the types, systems and capacity of nuclear reactors and suppliers of nuclear steam supply systems determined by the Commission, and divided into a written examination and a practical examination. Applicants who have passed a written examination or are exempted from a written examination can only apply for a practical examination. <Amended by Presidential Decree No. 25747, Nov. 19, 2014>
(2) Examinations for licenses referred to in Article 84 (2) 3 through 7 of the Act shall be administered by a written examination.
 Article 120 (Examination Subjects)
Subjects of license examinations under Article 84 (2) of the Act are as shown in attached Table 6.
 Article 121 (Exemption from Examinations, etc.)
(1) The scope of written examinations to be exempted pursuant to Article 87 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 25747, Nov. 19, 2014>
1. A holder of a license referred to in Article 84 (2) 1 of the Act, who applies for a license examination for the senior nuclear operator of a nuclear reactor of the same type but different in at least one element of systems, capacity or suppliers of nuclear steam supply systems, shall be exempted from the subjects of the license examination referred to in subparagraph 1 (a) of attached Table 6, except 2) structure, material and design of reactor facilities and 3) operation and control of nuclear reactors;
2. A holder of a license referred to in Article 84 (2) 2 of the Act, who applies for a license examination for the nuclear operator of a nuclear reactor of the same type but different in at least one element of systems, capacity or suppliers of nuclear steam supply systems, shall be exempted from the subjects of the license examination referred to in subparagraph 2 (a) of attached Table 6, except 2) structure of reactor facilities and 3) operation and control of nuclear reactors;
3. A person who has passed a written examination for the license referred to in Article 84 (2) 1 or 2 of the Act but failed in a practical examination, and applies for a license examination for the senior nuclear operator or nuclear operator of a nuclear reactor of the same type, system, capacity and suppliers of nuclear steam supply systems shall be exempted from the next written examination only on one occasion.
(2) Where a person who has obtained a medical doctor's or dentist's license or a license referred to in Article 84 (2) 7 of the Act applies for the license examination referred to in subparagraph 6 of the same paragraph, he/she shall be exempted from subjects of the license examination referred to in items (a), (b) and (d) among the subjects of examinations for the special license for the radioisotope handler referred to in subparagraph 6 of attached Table 6. <Amended by Presidential Decree No. 25747, Nov. 19, 2014>
(3) Where an applicant has obtained a foreign license deemed by the Commission to be at least equivalent to any of the licenses referred to in this Decree, he/she shall be exempted from subjects, except the Acts and subordinate statutes related to nuclear energy, among the subjects of license examinations listed in attached Table 6. <Amended by Presidential Decree No. 25747, Nov. 19, 2014>
 Article 122 (Administering of Examinations)
(1) The Commission shall administer the license examination at least once a year except in exceptional circumstances.
(2) When the Commission administers the license examination pursuant to paragraph (1), it shall publish the date, time, and venue of such examination by no later than 90 days prior to the scheduled date for such examination. <Amended by Presidential Decree No. 23759, May 1, 2012>
 Article 123 (Fail/Pass Criteria)
(1) Criteria for passing the written examination shall be at least 40 marks for each subject and average 60 marks for all subjects based on the full marks of 100 per each subject.
(2) Criteria for passing the practical examination shall be at least 60 marks based on the full marks of 100.
 Article 124 (Applications for License Examinations)
A person who intends to take a license examination pursuant to Article 87 (1) of the Act shall file an application for the examination, stating the following matters, with the Commission, along with documents prescribed by Ordinance of the Prime Minister: <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
1. The applicant’s name, resident registration number, and address;
2. Type of a license he/she applies for;
3. Matters concerning his/her eligibility;
4. Matters concerning exemption from examinations.
 Article 125 (Notice of Successful Applicants, etc.)
Pursuant to Article 87 (4) of the Act, the Commission shall publish a list of successful applicants in the bulletin board of an institution which has administered the examination and notify a successful applicant individually to the effect that he/she has passed the examination.
 Article 126 (Re-Issuance of Certificates of Licenses)
Where a person who has been issued a certificate of a license under Article 88 (1) of the Act intends to have a new certificate of a license issued as his/her certificate of a license is damaged or lost or due to any change in entries, he/she shall submit an application for re-issuance, stating the following matters, with the Commission:
1. His/her name and address;
2. Date of issuance and number of the certificate of a license;
3. Grounds for requesting re-issuance.
 Article 127 (Examiners)
(1) The Commission shall appoint or commission examiners who shall prepare and edit examination questions, mark examination papers, administer and evaluate the practical examination when it administers the examination: Provided, That where the examination is based on a pool system, it shall appoint or commission evaluators to select examination questions and evaluate the degree of difficulty of examination questions.
(2) At least two examiners referred to in paragraph (1) shall be selected for each subject of the written examination and for the practical examination from among persons with abundant knowledge and experiences in the relevant subjects.
 Article 128 (Allowances)
Allowances shall be paid to examiners and evaluators appointed or commissioned under Article 127 (1) within budgetary limits.
CHAPTER IX REGULATIONS, SUPERVISION, ETC.
 Article 129 (Scope of Restricted Areas to be Established, etc.)
(1) The Commission shall establish the restricted areas referred to in Article 89 (3) of the Act in consideration of the topographical and other natural conditions of the land, and after consulting with the head of the relevant agency: Provided, That no restricted area may be established for reactor facilities for research, etc. with ten or less megawatt thermal power.
(2) The sites referred to in Article 89 (5) of the Act shall be secured by means of acquiring ownership or creating superficies rights: Provided, That with respect to State or public roads, railroads, ditches, rivers, seas, forests, and parks, the sites thereof shall be deemed secured if a person intending to install and operate a reactor and relevant facilities, nuclear fuel cycle facilities or radioactive waste management facilities, etc. may control access and passage of the general public and the Commission recognizes that there are no hazards to safe operation of the relevant facilities. <Amended by Presidential Decree No. 26426, Jul. 20, 2015>
 Article 130 (Range within which Installation of Hazardous Facilities is Restricted and Facilities subject to Restrictions)
(1) "Range prescribed by Presidential Decree" in Article 90 (1) of the Act means an area within an eight kilometer radius from the center of a reactor and relevant facilities, a nuclear fuel cycle facility or radioactive waste management facilities, etc.: Provided, That it means an area within a 16 kilometer radius in cases of facilities referred to in paragraph (2) 1. <Amended by Presidential Decree No. 26426, Jul. 20, 2015>
(2) When the head of a relevant administrative agency intends to grant a permit, authorization or approval to install relevant facilities pursuant to Article 90 (2) of the Act, facilities subject to consultation with the Commission shall be as follows: <Amended by Presidential Decree No. 23529, Jan, 25, 2012; Presidential Decree No. 26426, Jul. 20, 2015; Presidential Decree No. 27972, Mar. 29, 2017>
1. Airports defined in subparagraph 3 of Article 2 of the Airport Facilities Act;
2. Artillery firing ranges and missile bases (limited to those established by conducting projects defined in subparagraph 2 (a) of Article 2 of the Act on National Defense and Military Installations Projects) among military facilities provided for in the Protection of Military Bases and Installations Act;
3. Dams and estuary dykes among river facilities defined in subparagraph 3 of Article 2 of the River Act;
4. Other facilities deemed likely to pose serious risks to the safety of reactors and relevant facilities, nuclear fuel cycle facilities, or radioactive waste management facilities, etc. by means of explosion, vibration, discharge of toxic materials, etc. and publicly announced by the Commission after consultation with the heads of relevant administrative agencies.
 Article 131 (Measurement)
(1) Every nuclear energy-related business operator (excluding reported users; hereafter the same shall apply in this Article and Articles 132, 133, 148, and 148-3) shall measure the radiation exposure dose and status of contamination by radioactive materials, etc. at places that are likely to be affected by radiation hazards prescribed by Ordinance of the Prime Minister pursuant to Article 91 (1) 1 of the Act. <Amended by Presidential Decree No. 24431, Mar. 23, 2013; Presidential Decree No. 24689, Aug. 16, 2013; Presidential Decree No. 27947, Mar. 20, 2017>
(2) Every nuclear energy-related business operator shall measure the radiation exposure dose and status of contamination by radioactive materials in respect of people who have access to nuclear energy utilization facilities, as prescribed by Ordinance of the Prime Minister, pursuant to Article 91 (1) 1 of the Act. <Amended by Presidential Decree No. 24431, Mar. 23, 2013; Presidential Decree No. 24689, Aug. 16, 2013>
(3) Every nuclear energy-related business operator shall keep and maintain records on the measurements provided for in paragraphs (1) and (2) and take other measures prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
 Article 132 (Health Examinations)
(1) Every nuclear energy-related business operator shall conduct health examinations for radiation workers in, and persons with frequent access to, nuclear energy utilization facilities, as prescribed by Ordinance of the Prime Minister, pursuant to Article 91 (1) 2 of the Act. <Amended by Presidential Decree No. 24431, Mar. 23, 2013; Presidential Decree No. 24689, Aug. 16, 2013; Presidential Decree No. 27095, Apr. 12, 2016>
(2) Every nuclear energy-related business operators shall keep and maintain records on the results of health examinations conducted under paragraph (1) and take other measures prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
 Article 133 (Exposure Control)
(1) Pursuant to Article 91 (1) 3 and (2) of the Act, each nuclear energy-related business operator shall assess the radiation dose and conduct exposure control for radiation workers and other persons having frequent access in order to keep their radiation exposure dose within the dose limits prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
(2) "Persons having frequent access prescribed by Presidential Decree" in Article 91 (2) of the Act means persons with frequent access as defined in subparagraph 8 of Article 2 and "dose limit prescribed by Presidential Decree" means the dose limit as defined in subparagraph 4 of Article 2.
 Article 134 (Measures to Reduce Radiation Exposure)
Pursuant to Article 91 (1) 4 of the Act, each nuclear energy-related business operator shall take the following measures, as prescribed by the Rules of the Commission, to minimize radiation exposure to radiation workers in nuclear energy utilization facilities, persons with frequent access, and residents living in areas adjacent to such facilities under the normal or abnormal operation (excluding any accidents) of nuclear energy utilization facilities:
1. Protective measures suitable for the characteristics of the handling work of radiation;
2. Proper installation of radiation shield and other facilities;
3. Use of materials and equipment effective in reducing doses;
4. Maintenance of sufficient work space.
 Article 135 (Measures for Victims to Radiation Injuries)
Measures to be taken by nuclear energy-related business operators pursuant to Article 91 (3) of the Act shall be as follows:
1. Where radiation workers and other persons with frequent access suffer a radiation injury or are likely to suffer it, the relevant nuclear energy-related business operator shall immediately take necessary health measures for them, including having them diagnosed by doctors, and shall take measures necessary to reduce the access hours and declare off-limits to the radiation controlled area or transfer his/her employees to another work which is less likely to have them exposed to radiation according to the degree of the radiation injury;
2. Where persons who have temporary access to radiation controlled areas suffer radiation injuries or are expected to suffer radiation injuries, the relevant nuclear energy-related business operator shall immediately take necessary health measures, including having them diagnosed by doctors.
 Article 136 (Measures for Prevention of Hazards and Reporting)
(1) Safety measures to be taken by nuclear energy-related business operators pursuant to Article 92 (1) of the Act shall be as follows:
1. Where the safety of nuclear energy utilization facilities is threatened due to disasters, such as an earthquake, fire, flood, typhoon, and leakage of hazardous gases, or radiation workers are exposed to danger when performing their duties related to the safety of operation, the causes thereof shall be eliminated and measures to prevent further damage shall be taken;
2. Where the safety of nuclear energy utilization facilities is threatened by the breakdown, etc. of the nuclear energy utilization facilities, the cause of the breakdown, etc. shall be eliminated to restore the facilities to their normal state: Provided, That if it is impracticable to restore the facilities to their normal state, measures to prevent the breakdown from spreading shall be taken;
3. Where radioactive material is abnormally leaked, raising the concentration of air and water in the facilities boundary (referring to the boundary of a restricted area, if the boundary is established) beyond the limit of the discharge standards set by the Commission or radiation workers or persons with frequent access are exposed to radiation in excess of the dose limits, the following measures shall be taken:
(a) An evacuation warning shall be issued to persons inside the nuclear energy utilization facilities and restricted areas or people near them;
(b) Emergency measures, such as rescue and evacuation, shall be taken for any person who has sustained or is likely to sustain any radiation injury;
(c) Where contamination due to radioactive materials, etc. has occurred, spreading of contamination shall be prevented and such contamination shall be eliminated;
(d) Where there is sufficient time to move radioactive materials, etc. to another place, they shall be moved to a safe area, and marks prescribed by the Rules of the Commission shall be posted, and people, other than the authorized persons, shall be prohibited from having access thereto or nearing it;
(e) When conducting emergency radiation works, the radiation dose of employees engaged in the emergency works shall be prevented from exceeding the standard level of personal dose determined by the Commission by using appropriate protective gears and reducing radiation exposure time, etc.
(2) When a nuclear energy-related business operator has taken safety measures under paragraph (1), he/she shall report the following matters to the Commission, as prescribed by the Rules of the Commission:
1. Date, location, and cause related to the occurrence of the situation referred to in Article 92 (1) of the Act;
2. Status of radiation injuries which have occurred or are likely to occur;
3. Details of, and a plan for safety measures.
(3) The Commission may provide professional education on radiation emergency rescue to persons related to such radiation emergency medical rescue who perform emergency measures referred to in paragraph (1) 3 (b), as determined and published by the Commission.
 Article 137 (Measures following Cancellation of Licenses, etc. or Discontinuation of Business. etc.)
(1) Measures that shall be taken by an energy-related business operator whose license, etc. has been cancelled under Article 95 (1) of the Act are as follows: <Amended by Presidential Decree No. 24431, Mar. 23, 2013; Presidential Decree No. 26426, Jul. 20, 2015; Presidential Decree No. 27248, Jun. 21, 2016>
1. To transfer radioactive materials or radiation-generating devices held by him/her to a third nuclear energy-related business operator;
2. To remove contamination caused by radioactive materials;
3. To transfer materials contaminated by radioactive materials to a constructor and operator of radioactive waste management facilities, etc.;
4. To deliver records prescribed by Ordinance of the Prime Minister to the Safety Foundation.
(2) A nuclear energy-related business operator whose license or designation has been cancelled or who has discontinued business or use (including discontinuation upon his/her death or dissolution of business) under Article 95 (1) of the Act shall submit a written report thereon to the Commission, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
 Article 138 (Persons Subject to Reporting and Submission of Documents)
"Persons, as prescribed by Presidential Decree" in Article 98 (1) of the Act means:
1. A person handling materials determined by the Commission among internationally controlled materials as defined in subparagraph 17 of Article 2 of the Act;
2. A person conducting research and development activities related to the development of the process or system related to nuclear fuel cycles as determined by the Commission.
 Article 139 (Qualifications for Inspectors)
A public official who conducts an inspection pursuant to Article 98 of the Act shall have abundant knowledge and experience in the structure, performance, and security of nuclear energy utilization facilities, etc. and in the prevention of radiation injuries.
 Article 140 (Certificates of Collection)
When a public official who conducts an inspection pursuant to Article 98 (2) of the Act collects test samples, he/she shall issue the certificate of collection to the relevant nuclear energy-related business operator.
 Article 141 (Installation, etc. of Monitoring Devices)
Pursuant to Article 98 (6) of the Act, the Commission may install devices necessary to monitor any movement of internationally controlled materials inside the relevant facilities of any nuclear energy reactor operator or request the latter to submit other necessary materials: Provided, That where the International Atomic Energy Agency has installed monitoring devices to monitor any movement of internationally controlled materials, such devices need not be installed.
 Article 142 (Inspectors’ Certificates of Identification)
Any public official who conducts an inspection pursuant to Article 98 (7) of the Act shall produce a certificate indicating his/her authority to the interested persons, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
CHAPTER X SUPPLEMENTARY PROVISIONS
 Article 143 (Submission of Draft Radiological Environmental Impact Assessment Reports or Draft Decommissioning Plans, and Public Announcement, Public Inspection, etc. thereof)
(1) Where a business operator intends to gather consensus from residents pursuant to Article 103 (1), (2) and (4) of the Act, he/she shall submit a draft radiological environmental impact assessment report referred to in Article 103 (3) of the Act (hereinafter referred to as "draft assessment report") or a draft decommissioning plan (hereinafter referred to as "draft decommissioning plan") to the heads of the following administrative agencies: <Amended by Presidential Decree No. 25747, Nov. 19, 2014; Presidential Decree No. 26426, Jul. 20, 2015>
1. The Chairperson of the Commission;
2. The Governor of a Special Self-Governing Province, or the head of a Si, Gun or Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) having jurisdiction over an area (hereinafter referred to as "area subject to gathering of consensus") located within the boundary prescribed by the Commission: Provided, That where the area subject to gathering of consensus stretches over administrative areas of at least two Special Self-Governing Provinces, Sis, Guns or Gus, referring to the Governor of the Special Self-Governing Province, or the head of the Si, Gun or Gu having jurisdiction over the larger area subject to gathering of consensus;
3. The Governors of the Special Self-Governing Provinces, or the heads of the Sis, Guns or Gus having jurisdiction over areas subject to gathering of consensus, other than the Governor of the Special Self-Governing Province, or the head of the Si, Gun or Gu referred to in subparagraph 2;
4. The heads of other administrative agencies who are involved in the performance of target projects.
(2) The Governor of a Special Self-Governing Province, or the head of a Si, Gun or Gu referred to in paragraph (1) 2 (hereinafter referred to as "head of the competent Si/Gun/Gu") shall give public notice of a summary of the project, period and venue for public inspections in at least one national daily newspaper and one local daily newspaper on at least one occasion, respectively, within ten days of receipt of a draft assessment report or a draft decommissioning plan submitted under paragraph (1), except in exceptional circumstances, and shall make the draft assessment report or the draft decommissioning plan available for public inspection by residents in the areas subject to gathering of consensus for a period of at least 20 to 60 days. <Amended by Presidential Decree No. 26426, Jul. 20, 2015>
(3) Where the head of the competent Si/Gun/Gu intends to give a public notice under paragraph (2), he/she shall seek opinions in advance from the Governors of Special Self-Governing Provinces and the heads of Sis/Guns/Gus under paragraph (1) 3 (hereinafter referred to as "heads of relevant Sis/Guns/Gus") and determine the details thereof, and shall ensure that the venue for inspection among matters to be publicly notified covers at least one place in the jurisdictional places of the heads of the relevant Sis/Guns/Gus.
(4) The head of the competent Si/Gun/Gu shall also publicly notify when and how residents present opinions about whether to hold a public hearing, when giving a public notice under paragraph (2).
 Article 144 (Submission, etc. of Opinions on Draft Assessment Reports or Draft Decommissioning Plans)
(1) Within 30 days of receipt of a draft assessment report or a draft decommissioning plan, the heads of the administrative agencies referred to in Article 143 (1) 1, 3, and 4 may notify or submit the following opinions to the head of the competent Si/Gun/Gu; within seven days from the expiry of the period for public inspections, residents may notify or submit the following opinions to the head of the competent Si/Gun/Gu or to the head of a relevant Si/Gun/Gu. In such cases, the head of the relevant Si/Gun/Gu, in receipt of residents’ opinions, shall notify the head of the competent Si/Gun/Gu of the details thereof within ten days after the expiry of the period for public inspections: <Amended by Presidential Decree No. 26426, Jul. 20, 2015>
1. Where a draft assessment report is submitted: Opinions on the potential radiological environmental impacts from the implementation of the relevant project, measures for reduction thereof, etc. (where opinions are submitted by a resident, including an opinion on whether a public hearing is to be held);
2. Where a draft decommissioning plan is submitted: Opinions on the potential radiological impacts from decommissioning, measures for reduction thereof, etc. (where opinions are submitted by a resident, including an opinion on whether a public hearing is to be held).
(2) The head of the competent Si/Gun/Gu shall notify the relevant business operator of the opinions notified or submitted pursuant to paragraph (1) and whether to hold a public hearing within 14 days from the expiry of the period for public inspections. In such cases, the head of the competent Si/Gun/Gu may notify the business operator of his/her opinion on the draft assessment report or the draft decommissioning plan. <Amended by Presidential Decree No. 26426, Jul. 20, 2015>
 Article 145 (Holding of Public Hearings, etc.)
(1) Pursuant to the latter part of Article 103 (1) of the Act or paragraph (2) of the same Article, a public hearing shall be held in any of the following cases: <Amended by Presidential Decree No. 26426, Jul. 20, 2015>
1. Where at least 30 residents have presented opinions that a public hearing needs to be held pursuant to Article 144 (1);
2. Where at least five but not exceeding 30 residents have presented opinions that a public hearing needs to be held pursuant to Article 144 (1), and the total number of residents who have presented their opinions on a draft assessment report or a draft decommissioning plan exceeds 50 percent.
(2) Where any business operator receives a notice from the head of the competent Si/Gun/Gu to hold a hearing pursuant to Article 144 (2) as either of the subparagraphs of paragraph (1) applies, he/she shall give public notice of a summary of the project, the date and venue of the public hearing, etc. in at least one national daily newspaper and one local daily newspaper on at least one occasion, respectively, 14 days prior to the scheduled date of the public hearing. In such cases, he/she shall consult in advance with the head of the competent Si/Gun/Gu on the date, time, venue, etc. of the public hearing to be held.
(3) Any resident who intends to attend a public hearing and state his/her opinion shall file an application for statement with the relevant business operator or with the head of the competent Si/Gun/Gu five days prior to the scheduled date of the public hearing. In such cases, the head of the competent Si/Gun/Gu, in receipt of an application for statement, shall immediately notify the business operator of such fact.
(4) Each business operator shall, in consultation with the head of the competent Si/Gun/Gu, appoint a representative to make a statement en bloc at a public hearing about the similar matters among the details stated in the applications submitted pursuant to paragraph (3), or shall have any expert recommended by residents state opinions.
(5) When a public hearing publicly notified pursuant to paragraph (2) is not held twice successively or is held but does not proceed normally due to causes not attributable to the business operator, the relevant business operator may omit the public hearing. In such cases, the relevant business operator shall publicly announce the grounds for omitting the public hearing, and matters concerning the timing, methods, etc. for submission of opinions of persons intending to present opinions in a public hearing by applying paragraph (2) mutatis mutandis thereto, and shall endeavor to seek opinions from residents by other means.
(6) Each business operator shall notify the head of the competent Si/Gun/Gu or the head of the relevant Si/Gun/Gu of the outcomes of a public hearing within seven days after the public hearing, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
(7) Where it is necessary to gather consensus from experts and residents on the radiological environmental impacts from the implementation of the relevant project or radiological impacts from decommissioning even in cases in which the requirements for holding a public hearing under the subparagraphs of paragraph (1) are not met, a business operator may hold a public hearing under the fore part of Article 103 (1) of the Act or the fore part of paragraph (2) of the same Article after the expiry of the period for public inspections under Article 143 (2) in consultation with the head of competent Si/Gun/Gu. In such cases, the public hearing shall be deemed a public hearing held pursuant to the latter part of Article 103 (1) of the Act or the latter part of paragraph (2) of the same Article, on condition that paragraphs (2) through (4) and (6) shall apply mutatis mutandis to the methods, procedures, etc. for holding such public hearing, respectively. <Amended by Presidential Decree No. 26426, Jul. 20, 2015>
 Article 146 (Bearing of Expenses)
(1) Pursuant to Article 103 (5) of the Act, each applicant shall bear following expenses: <Amended by Presidential Decree No. 26426, Jul. 20, 2015>
1. Expenses incurred in giving public notice in newspapers pursuant to Articles 143 (2) and 145 (2);
2. Expenses incurred in holding a public hearing, etc. to gather consensus from residents.
(2) The head of the competent Si/Gun/Gu shall consult with business operators on the details of expenses to be incurred pursuant to paragraph (1) in advance.
 Article 146-2 (Information subject to Full Disclosure and Methods of Disclosure)
(1) "Information prescribed by Presidential Decree, such as the results of evaluations concerning construction permits for and operating licenses of nuclear energy utilization facilities and the inspection findings of nuclear safety management" in the main sentence of Article 103-2 (1) of the Act means the following:
1. Documents submitted when filing an application for a construction permit for a nuclear power reactor and relevant facilities pursuant to Article 10 (2) of the Act;
2. Documents submitted when filing an application for an operation license of a nuclear power reactor and relevant facilities pursuant to Article 20 (2) of the Act;
3. Periodic safety review reports submitted where continuous operation is intended pursuant to Article 23 (1) of the Act or Article 36 (4) of this Decree, and matters concerning the assessments provided for in Article 37 (2) of this Decree;
4. Examination reports concerning the construction permits for and operation licenses of reactor facilities under Articles 20 and 33 (3);
5. Results of pre-service inspections of the construction and performance of nuclear reactor facilities conducted pursuant to Article 27;
6. Results of inspections of suppliers and performance testing institutes conducted pursuant to Article 31-2;
7. Results of regular inspections of the performance of reactor facilities conducted pursuant to Article 35 (1);
8. Other nuclear safety-related information that are determined and publicly announced by the Commission as requiring full disclosure.
(2) Where the information provided for in paragraph (1) contains any information provided for in any of the subparagraphs of Article 9 (1) of the Official Information Disclosure Act, the Commission shall exclude such information from disclosure made under Article 103-2 (1) of the Act, as prescribed in Article 14 of the same Act.
(3) The Commission shall disclose the information provided for in the subparagraphs of paragraph (1) by posting it on its website.
(4) The Commission shall determine and publicly announce the methods and time of disclosing information pursuant to paragraphs (1) through (3) and other related matters.
[This Article Newly Inserted by Presidential Decree No. 27248, Jun. 21, 2016]
 Article 147 (Monitoring Nationwide Radioactive Environment)
The Commission shall perform the following duties in order to monitor and assess the nationwide radiation and radioactivity in the environment pursuant to Article 105 (1) of the Act:
1. Surveys and assessments of nationwide radioactive environment;
2. Surveys and assessments of the maritime radioactive environment;
3. Operation of a nationwide automatic monitoring network for radioactive environment.
 Article 148 (Training of Radiation Workers and Persons with Frequent Access)
(1) A nuclear energy-related business operator shall implement introductory training and regular training for radiation workers as prescribed in Article 106 (1) of the Act. In such cases, the introductory training shall be implemented before radiation workers set to work.
(2) The training provided for in paragraph (1) shall be implemented as basic training and in-house training. In such cases, the in-house training shall be provided for radiation workers other than radiation safety managers. <Amended by Presidential Decree No. 25747, Nov. 19, 2014>
(3) A nuclear energy-related business operator may implement basic training or in-house training for persons with frequent access. <Newly Inserted by Presidential Decree No. 27095, Apr. 12, 2016>
(4) The basic training provided for in paragraphs (2) and (3) shall be provided at the Safety Foundation, and the in-house training shall be autonomously implemented by each nuclear energy-related business operator but may be outsourced to an institution determined and publicly announced by the Commission. <Amended by Presidential Decree No. 25747, Nov. 19, 2014; Presidential Decree No. 27095, Apr. 12, 2016; Presidential Decree No. 27248, Jun. 21, 2016>
(5) Courses and hours of the training provided for in paragraphs (1) through (3) and other necessary matters shall be prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 27095, Apr. 12, 2016>
(6) A person who has undergone the supplementary training provided for in Article 149 (1) shall be deemed to have undergone the regular training provided for in paragraph (1) in the relevant year. <Newly Inserted by Presidential Decree No. 25747, Nov. 19, 2014>
[This Article Wholly Amended by Presidential Decree No. 24689, Aug. 16, 2013]
 Article 148-2 (Submission of Training Plans)
(1) The Safety Foundation shall submit a basic training plan for the following year, including following matters, to the Commission by no later than November 30 of each year, and obtain approval from the Commission: <Amended by Presidential Decree No. 27248, Jun. 21, 2016>
1. Matters concerning the annual training schedule, training courses, persons to receive training, subjects and hours for each curriculum, etc.;
2. Matters concerning budget and settlement of accounts (applicable only to the field of education and training);
3. Current status of instructors, educational facilities and equipment, and expansion plans;
4. Matters concerning training fees and expenses for textbooks;
5. Methods for evaluating training and measures to be taken based on the outcomes of evaluations.
(2) Where the Safety Foundation fails to properly implement the training plan approved pursuant to paragraph (1), the Commission may require the Safety Foundation to make an improvement or supplementation. <Amended by Presidential Decree No. 27248, Jun. 21, 2016>
(3) The Safety Foundation shall report the outcomes of implementing the training to the Commission by no later than January 31 of the following year. <Amended by Presidential Decree No. 27248, Jun. 21, 2016>
(4) Deleted. <by Presidential Decree No. 27947, Mar. 20, 2017>
[This Article Newly Inserted by Presidential Decree No. 24689, Aug. 16, 2013]
 Article 148-3 (Training for Persons with Access to Radiation Controlled Areas)
Every nuclear energy-related business operator shall provide necessary training for persons with access to a radiation controlled area by informing them of safety rules on the prevention of radiation hazards whenever they access the radiation controlled area: Provided, That radiation workers or persons with frequent access who have undergone the training provided for in Article 148 may be excluded. <Amended by Presidential Decree No. 27095, Apr. 12, 2016>
[This Article Newly Inserted by Presidential Decree No. 24689, Aug. 16, 2013]
 Article 149 (Supplementary Training)
(1) Any person who holds a license to operate a nuclear power reactor or research reactor with at least ten megawatt thermal power among licenses referred to in Article 84 (2) 1 and 2 of the Act and other persons who handle nuclear fuel materials, radioisotopes, etc. holding any of the licenses referred to in Article 84 (2) 3 through 7 of the Act shall undergo supplementary training every three years (referring to the period from January 1 to December 31 of the year in which the third anniversary of the date he/she obtained a license or the date he/she underwent immediately previous supplementary training falls) pursuant to Article 106 (2) of the Act, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24689, Aug. 16, 2013; Presidential Decree No. 25747, Nov. 19, 2014>
(2) and (3) Deleted. <by Presidential Decree No. 24689, Aug. 16, 2013>
(4) Each nuclear energy-related business operator shall provide necessary convenience to his/her employees who hold the license referred to in Article 84 (2) of the Act when undergoing the supplementary training under Article 84 (1) of the Act among his/her employees and shall not reduce their wages or give any unfavorable treatment to them on this ground. <Amended by Presidential Decree No. 24689, Aug. 16, 2013>
(5) The Commission shall certify, in the license pocketbook of a person who has completed the supplementary training under paragraph (1), that he/she has duly completed the supplementary training. <Amended by Presidential Decree No. 24689, Aug. 16, 2013>
 Article 150 (Persons Subject to Education on Nuclear Power Control)
"Persons prescribed by Presidential Decree" in Article 106 (3) of the Act means any of the following persons: <Amended by Presidential Decree No. 25747, Nov. 19, 2014>
1. Employees of any of the following nuclear energy-related business operators that perform the duties of metrical control of specific nuclear materials:
(a) An installer of a nuclear power reactor;
(b) An operator of a nuclear power reactor;
(c) An installer of a research reactor, etc., and an operator of a research reactor, etc.;
(d) A nuclear fuel cycle business operator;
(e) A nuclear fuel material user;
2. A person in charge of research and development tasks related to the development of the process or system concerning the nuclear fuel cycle determined by the Commission.
 Article 151 (Procedures for Importation and Exportation)
(1) A person who intends to export or import reactors and relevant facilities, nuclear materials, radioisotopes, etc. shall observe procedures and obligations provided for in international conventions, agreements, treaties, protocols, etc. that are related to nuclear energy pursuant to Article 107 of the Act to export and import internationally controlled materials or related technologies.
(2) The Commission may determine matters necessary to implement the procedures and obligations referred to in paragraph (1) separately in consultation with the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
 Article 151-2 (Designation, etc. of Specialized Institutions in International Cooperation)
The Commission shall designate the Safety Foundation as an institution rendering specialized assistance to policies for international cooperation pursuant to Article 107-2 (2) of the Act.
[This Article Wholly Amended by Presidential Decree No. 27248, Jun. 21, 2016]
 Article 152 (Compensation)
Any person who has suffered damage to his/her body or property from radiation while utilizing nuclear and conducting safety control is entitled to compensation classified as follows pursuant to Article 110 of the Act: <Amended by Presidential Decree No. 27207, May 31, 2016; Presidential Decree No. 27248, Jun. 21, 2016>
1. Compensation for damage to a nuclear energy-related business operator and his/her employee caused in the course of performing his/her duty shall be made in accordance with the compensation standards established by the nuclear energy-related business operator and approved by the Commission;
2. Compensation for damage to a public official in the course of performing any nuclear energy-related duty shall be made in accordance with the Public Officials Pension Act;
3. Compensation for any person other than those provided for in subparagraphs 1 and 2 shall be made in accordance with the Nuclear Damage Compensation Act.
 Article 152-2 (Payment of Monetary Rewards)
(1) Monetary rewards referred to in Article 110-2 (1) shall be determined and publicly notified by the Commission within a maximum of one billion won per person per year (referring to the period from January 1 to December 31) in consideration of the gravity of each violation, contribution to the improvement of nuclear safety, etc.
(2) The Commission may establish a monetary rewards deliberation committee to deliberate on matters concerning the payment of monetary rewards.
(3) Where any of the following applies, the Commission may reduce the amount of a monetary reward or need not pay a monetary reward:
1. Where a report is made or information is provided on matters on which a report has been already made or information has been already provided;
2. Where matters on which a report is made or information is provided are already open to the public via the Internet or through other press media, are being examined, investigated or pending in court;
3. Where a monetary reward or recompense has been paid after making a report or providing information according to other Acts, subordinate statutes or regulations, or payment procedures are underway;
4. Where the reporter or informer is directly involved in the violation on which he/she made a report or provided information, or a person obligated to make a report or provide information under law made a report on a violation or provided information on a violation;
5. Where the monetary rewards deliberation committee determines that reducing the amount of a monetary reward or not paying a monetary reward is reasonable.
(4) Except as otherwise expressly provided for in paragraphs (1) through (3), matters necessary for the payment of monetary rewards shall be determined and publicly notified by the Commission.
[This Article Newly Inserted by Presidential Decree No. 25747, Nov. 19, 2014]
 Article 153 (Classification, etc. of Entrusted Institutions)
(1) Institutions to which the Commission may entrust its authority pursuant to Article 111 (1) of the Act are as follows: <Amended by Presidential Decree No. 27248, Jun. 21, 2016>
1. The Korea Institute of Nuclear Safety established under the Korea Institute of Nuclear Safety Act (hereinafter referred to as the "Korea Institute of Nuclear Safety");
2. The Korea Atomic Energy Research Institute established under the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, Etc. (hereinafter referred to as the "Korea Atomic Energy Research Institute");
3. The Korea Institute of Nuclear Nonproliferation and Control established under Article 6 of the Act (hereinafter referred to as the "Korea Institute of Nuclear Nonproliferation and Control");
4. The Safety Foundation;
5. The agency or institution designated by the Commission among the following:
(a) An administrative agency;
(b) A national or public research institute;
(c) A specific research institute, as defined in Article 2 of the Specific Research Institutes Support Act;
(d) The Korea Association for Non-Destructive Testing established under Article 18 of the Act on the Promotion and Management of Non-Destructive Testing Technology;
(f) A relevant specialized institution among non-profit corporations established under Article 32 of the Civil Act;
6. Deleted. <by Presidential Decree No. 27248, Jun. 21, 2016>
(2) Articles 159 through 163, 165 and 166 shall not apply to any administrative agency designated by the Commission pursuant to paragraph (1) 5 (a).
 Article 154 (Duties that can be Entrusted)
(1) "Duties prescribed by Presidential Decree" in Article 111 (1) 15 of the Act means: <Amended by Presidential Decree No. 24689, Aug. 16, 2013; Presidential Decree No. 25747, Nov. 19, 2014; Presidential Decree No. 26760, Dec. 22, 2015>
1. Surveys and analysis of technical trends and demand forecasting for technology in relation to the formulation of research and development project plans for nuclear safety provided for in Article 9 (1) of the Act;
2. Matters concerning receipt, examination and evaluation of research and development tasks in relation to the selection of annual research and development tasks provided for in Article 9 (1) of the Act;
3. Matters concerning entering into agreements on research and development tasks, progress management, evaluation of results, and post-management in relation to the implementation of research and development projects for nuclear safety provided for in Article 9 (1) of the Act;
4. Matters concerning management of expenses incurred in implementing research and development projects for nuclear safety provided for in Article 9 (2) of the Act;
4-2. Safety examinations in relation to licenses to operate research reactors and relevant facilities under the fore part and latter part of Article 30-2 (1);
4-3. Duties concerning reporting on the daily amount of work performed by radiation workers under Article 59-2 (6) of the Act;
5. Safety management concerning the disposal of radioactive wastes, other than those provided for in Article 70 (2) of the Act;
6. Duties concerning measures to be taken for dealing with any accident occurring in the course of transport or packing under Article 74 of the Act;
7. Duties of examining safety concerning the installation of hazardous facilities under Article 90 of the Act;
8. Duties of reporting the progress of transport of radioactive materials, etc. by any nuclear energy-related business operator (excluding any reported user) or by any other person to whom the transport of radioactive materials, etc. has been outsourced under Article 98 (1) of the Act;
9. Duties of inspecting and collecting samples for testing under Article 98 (2) and (4) of the Act;
10. Installation of devices to monitor any movement of internationally controlled materials under Article 98 (6) of the Act;
11. Export and import-related duties under Article 107 of the Act;
12. Research and establishment of the criteria necessary for performing duties provided for in the Act and this Decree except for the criteria provided for in Article 111 (1) 3 of the Act;
13. Duties concerning the imposition and collection of the nuclear safety management charge provided for in Article 111-2 (1) of the Act (hereinafter referred to as "charge");
14. Deleted. <by Presidential Decree No. 27947, Mar. 20, 2017>
(2) Duties that can be entrusted to the Korea Institute of Nuclear Safety referred to in Article 153 (1) 1 are as specified in attached Table 7.
(3) Duties that can be entrusted to the Korea Atomic Energy Research Institute referred to in Article 153 (1) 2 are as specified in attached Table 8.
(4) Duties that can be entrusted to the Korea Institute of Nuclear Nonproliferation and Control referred to in Article 153 (1) 3 are as specified in attached Table 9.
(5) Duties that can be entrusted to the Safety Foundation referred to in Article 153 (1) 4 are as specified in attached Table 9-2. <Newly Inserted by Presidential Decree No. 27248, Jun. 21, 2016>
(6) Duties that can be entrusted to any administrative agency, national or public research institute or specific research institute, the Korea Association for Non-Destructive Testing, the association, or any specialized institution designated by the Commission referred to in Article 153 (1) 5 are as specified in attached Table 10. <Amended by Presidential Decree No. 27248, Jun. 21, 2016>
 Article 155 (Approval, etc. for Regulations on Performance of Entrusted Duties)
(1) Any institution entrusted with the authority under Article 111 (1) of the Act (hereinafter referred to as "entrusted institution") shall establish regulations on the performance of entrusted duties, including the following matters, and obtain approval therefor from the Commission. The same shall also apply to any amendment thereto:
1. Kinds of the entrusted duties to be performed;
2. Working hours to perform the entrusted duties and holidays;
3. Matters concerning places at which the entrusted duties are performed;
4. Matters concerning the appointment, dismissal, and assignment of persons to perform the entrusted duties;
5. Matters concerning the methods of performing the entrusted duties;
6. Matters concerning the indication and methods for indication of results of performing the entrusted duties;
7. Deleted; <by Presidential Decree No. 26760, Dec. 22, 2015>
8. Matters concerning the preservation of records related to the entrusted duties;
9. Other matters necessary for performing the entrusted duties.
(2) Where an entrusted institution intends to amend its regulations on the performance of entrusted duties pursuant to the latter part of paragraph (1), it shall file an application for amendment, stating the following, with the Commission:
1. Relevant amendment;
2. Date on which the amendment takes effect;
3. Grounds for amendment.
 Article 155-2 (Handling of Sensitive Information and Personally Identifiable Information)
The Commission (including persons entrusted with the authority of the Commission pursuant to Article 111 of the Act, dosimeter reading service providers and institutions designated and publicly announced by the Commission pursuant to Article 148) or nuclear-related business operators may handle information that contains health data (only in relation to the duties provided for in subparagraph 3) provided for in Article 23 of the Personal Information Protection Act, information that constitutes the criminal history record provided for in subparagraph 2 of Article 18 of the Enforcement Decree of the same Act (only in relation to the duties provided for in subparagraphs 1, 2 and 4), or data that contains resident registration numbers, passport numbers or alien registration numbers provided for in subparagraph 1, 2, or 4 of Article 19 of the same Enforcement Decree, if inevitable to perform the following duties: <Amended by Presidential Decree No. 25747, Nov. 19, 2014; Presidential Decree No. 27678, Dec. 22, 2016>
1. Duties concerning cancellation of authorization, permits, designation, registration and licenses, and orders to prohibit the use under subparagraph 4 of Article 13, Articles 17 (1) 5, 24 (1) 4, 32 (1) 4, 38 (1) 4, 48 (1) 3, 52 (6) 3, 57 (1) 4, 66 (1) 4, 81 (1) 5, and 86 (1) 2 of the Act;
2. Duties concerning inquiries about the grounds for disqualification under Article 14 of the Act (including where such provisions shall apply mutatis mutandis under Articles 12 (8), 20 (3), 30 (3), 30-2 (3), 35 (5), 45 (3), 52 (5), 53 (4), 54 (4), 63 (3), and 78 (4) of the Act) and Article 85 of the Act;
3. Duties concerning measures to prevent radiation damage under Article 91 of the Act;
4. Duties to confirm whether a successor to a deceased nuclear energy-related business operator is eligible under the proviso to subparagraph 6 of Article 94 of the Act;
5. Duties concerning education and training under Article 106 of the Act.
[This Article Newly Inserted by Presidential Decree No. 25532, Aug. 6, 2014]
 Article 156 (Standards for Calculation of Charges)
(1) The standards for calculation of charges to be imposed on each nuclear energy-related business operator, etc. (hereinafter referred to as “nuclear energy-related business operator, etc.”) under Article 111-2 (1) of the Act shall be as specified in attached Table 10-2.
(2) Notwithstanding paragraph (1), the amount of charges imposed in relation to the following affairs shall be as specified in attached Table 10-3:
1. Affairs related to managing records and reports on radiation exposure read by dosimeter reading service providers under Article 98 (1) of the Act;
2. Affairs related to conducting supplementary training under Article 106 (2) of the Act;
3. Affairs related to importation and exportation under Article 107 of the Act.
(3) The Commission shall publicly announce the amount of charges for the relevant year calculated pursuant to paragraph (1) and the details of calculation by no later than January 31 of the following year.
(4) The Commission shall consult with the Minister of Trade, Industry and Energy prior to revising the standards for calculation of charges provided for in paragraph (1).
[This Article Wholly Amended by Presidential Decree No. 26760, Dec. 22, 2015]
 Article 156-2 (Methods, Time, etc. of Payment of Charges)
(1) To collect charges, the Commission shall give each nuclear energy-related business operator, etc. payment notice that states the amount, the details of calculation, payment deadline, and locations to make payment.
(2) Every nuclear energy-related business operator, etc. shall pay charges by the specified payment deadline, choosing any of the following methods:
1. Payment in 12 equal installments: By the end of each month of the following year;
2. Payment in 4 equal installments: By January 31, April 30, July 31, and October 31 of the following year.
(3) Notwithstanding paragraph (2), charges imposed in relation to the following affairs shall be paid at the time or by the date specified in each subparagraph:
1. Charges imposed in relation to the safety examination conducted for the license and the alteration of licensed matters under the forepart and the latter part of Article 53 (1) of the Act, and the affairs concerning the receipt of reports on the alteration of licensed matters under the proviso to paragraph (1) of the same Article and the receipt of reports under paragraph (2) of the same Article: At the time of filing an application for license or a report;
2. Charges imposed in relation to the affairs provided for in Article 156 (2) 1: By no later than April 30 of the following year;
3. Charges imposed in relation to the affairs provided for in Article 156 (2) 2: As selected by the nuclear energy-related business operator, etc. between the following:
(a) At the time of filing an application for education;
(b) By no later than June 30 of the year in which supplementary training is conducted (or by no later than December 31 of the relevant year where the supplementary training starts on or after July 1);
4. Charges imposed in relation to the affairs provided for in Article 156 (2) 3: At the time of filing an import or export declaration: Provided, That where the average number of import and export declarations filed in a month as of the end of the previous year is not less than five, the charges may be paid in lump sum by no later than the fifth day of the following month, by aggregating them monthly.
(4) Charges may be paid by cash, credit card, debit card, etc.
(5) Where any discrepancy occurs in relation to the amount of charges paid by a nuclear energy-related business operator, etc. due to the change, revocation, etc. of the relevant affairs, the Commission shall calculate the charges as determined and publicly announced by the Commission and collect them additionally or refund them.
[This Article Newly Inserted by Presidential Decree No. 26760, Dec. 22, 2015]
 Article 157 (Designation, etc. of Entrusted Institutions)
(1) The authority entrusted by the Commission to entrusted institutions referred to in Article 153 (1) 5 shall take effect on the date of public notice published in the Official Gazette pursuant to Article 170. <Amended by Presidential Decree No. 24245, Dec. 20, 2012; Presidential Decree No. 27248, Jun. 21, 2016>
(2) Any of the agencies or institutes referred to in Article 153 (1) 5 that intends to obtain designation as an entrusted institution shall file an application stating the following matters with the Commission, along with documents prescribed by Ordinance of the Prime Minister: <Amended by Presidential Decree No. 24431, Mar. 23, 2013; Presidential Decree No. 27248, Jun. 21, 2016>
1. Title, address and name of the representative;
2. Title and location of an office where entrusted duties are to be performed;
3. Title of duties to be entrusted;
4. Scheduled date for the commencement of entrusted duties;
5. Year of commencement of the project in connection with entrusted duties, and the business plan and budget of revenues and disbursements for the following year;
6. Names and brief personal records of executives (limited to where an entity that intends to obtain designation is not an administrative agency);
7. A list of names of persons performing entrusted duties (names, brief personal records, and licenses or qualifications shall be clearly stated);
8. Kinds, and quantities of machines, tools, and other equipment used for performing entrusted duties;
9. If duties, other than the entrusted duties, are performed, the kinds and outline of such duties.
 Article 158 (Criteria for Designation of Entrusted Institutions)
Any person applying for designation pursuant to Article 157 (2) shall fully satisfy the following requirements that:
1. The composition of executives and major employees shall be made in a manner not to hinder the fair and accurate performance of entrusted duties and their operation;
2. Persons performing entrusted duties shall satisfy the eligibility requirements the Commission determines and publicly notifies;
3. The number of persons performing entrusted duties shall exceed the number necessary for performing such duties;
4. The kinds, and quantities of machines, tools, and other equipment necessary for performing entrusted duties under request shall be available;
5. Fundamental financial capability necessary for accurately and efficiently performing entrusted duties shall be secured;
6. When duties, other than entrusted duties, are performed, entrusted duties shall be unlikely to be performed in an unfair manner due to the performance of such duties.
 Article 159 (Alteration of Titles, etc. of Entrusted Institutions)
(1) Where any of the agencies or institutes referred to in Article 153 (1) 5 that has obtained designation as an entrusted institution (hereinafter referred to as "designated entrusted institution") intends to alter its title or address or the title or address of the office where it performs entrusted duties, it shall file an application stating the following matters with the Commission for approval: <Amended by Presidential Decree No. 27248, Jun. 21, 2016>
1. Title or address of the designated entrusted institution or title or address of the office where it performs entrusted duties after the alteration;
2. Date on which the alteration is to be made;
3. Grounds for the alteration.
(2) Where a designated entrusted institution intends to establish a new office or close an office to perform entrusted duties (including local branch offices), it shall file an application stating the following matters with the Commission for approval:
1. Title and address of the office to be newly established or closed;
2. Scheduled date of commencement or closure of the office to be newly established or to be closed;
3. Grounds for new establishment or closure of office.
 Article 160 (Restrictions on Designation of Entrusted Institutions)
When any of the following persons exists among executives of institutions to which the Commission intends to entrust its authority, the Commission shall not entrust its authority to such institution: <Amended by Presidential Decree No. 25747, Nov. 19, 2014>
1. A person under adult guardianship or limited guardianship;
2. A bankrupt who has not been reinstated;
3. A person sentenced to imprisonment without prison labor or heavier punishment, and for whom two years have not passed since the execution of such punishment was terminated or exempted, or who has been sentenced to suspended execution of punishment and is now under the period of such suspended execution;
4. An executive of an entrusted institution as at the time the designation of the entrusted institution was cancelled in accordance with this Decree and for whom two years have not passed since such designation was cancelled;
5. Any person who held a license referred to in Article 84 (2) of the Act, for whom two years have not passed since such license was cancelled.
 Article 161 (Applications for Approval concerning Suspension or Discontinuation of Entrusted Duties)
When an entrusted institution intends to suspend or discontinue all or some of the entrusted duties as provided for in the regulations on the performance of entrusted duties which have been approved under Article 155, it shall file an application stating the following matters with the Commission for approval:
1. Kinds and scope of entrusted duties to be suspended or discontinued;
2. Scheduled date of suspension or discontinuation;
3. Period for suspension, if suspended;
4. Grounds for suspension or discontinuation.
 Article 162 (Reporting on Persons Performing Entrusted Duties)
(1) When an entrusted institution has appointed persons performing the entrusted duties, it shall report thereon to the Commission within 30 days from the date of such appointment. The same shall also apply to dismissal of the appointed persons.
(2) The names, brief personal records, and licenses or qualifications of the appointed persons performing entrusted duties, the kinds of duties to be performed, and the departments, etc. of the office to which such persons are assigned shall be stated in a report referred to in paragraph (1).
 Article 163 (Requests for Dismissal of Persons Performing Entrusted Duties)
When the Commission recognizes that persons performing entrusted duties have violated any Act and subordinate statute or any of the regulations on the performance of entrusted duties, or it deems that persons performing entrusted duties are not suitable for such duties, the Commission may request the entrusted institution to dismiss such persons.
 Article 164 (Reporting)
When an entrusted institution has performed the entrusted duties, it shall report the results thereof to the Commission within 30 days after performance of the entrusted duties, as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 24431, Mar. 23, 2013>
 Article 165 (Obligations of Entrusted Institutions)
(1) Each entrusted institution shall handle the entrusted duties fairly and promptly.
(2) Each entrusted institution shall neither suspend nor discontinue all or some of the entrusted duties without obtaining approval from the Commission therefor.
(3) None of executives, persons performing entrusted duties, or employees of each entrusted institution shall divulge or make a fraudulent use of any confidential information concerning the entrusted duties they have become aware of in the course of performing the entrusted duties.
 Article 166 (Approval, etc. for Business Plans)
(1) Each designated entrusted institution shall prepare a business plan and a budget of revenues and disbursements for each business year and obtain approval from the Commission therefor prior to the commencement of the relevant business year (immediately after the designation for the business year in which the date of the designation is included). The same shall also apply to any alteration thereof.
(2) Each designated entrusted institution shall prepare a business report and the settlement of accounts of revenues and disbursements for the relevant business year and submit them to the Commission within three months after the end of each business year.
 Article 167 (Cancellation, etc. of Designation)
When a designated entrusted institution falls under any of the following cases, the Commission may cancel the designation or order the suspension of all or some of the entrusted duties for a prescribed period. In such cases, if necessary for the national economy and for the safety of nuclear energy, the Commission entrust the performance of suspended duties to other institutions deemed capable of performing such duties for the period of suspension:
1. Where an entrusted institution violates Article 155, 165, or 166;
2. Where it is deemed that the criteria for designation under Article 158 are not satisfied;
3. Where an entrusted institution violates any terms and conditions of designation in Article 171;
4. Where an entrusted institution is deemed unable to perform entrusted duties normally.
 Article 168 (Orders for Supervision, etc.)
When the Commission deems it necessary for supervising entrusted institutions in connection with the management of the entrusted institutions and the performance of the entrusted duties, it may order subordinate public officials to inspect the account books and vouchers, documents, facilities, etc. thereof.
 Article 169 (Transfer of Entrusted Duties)
When an entrusted institution obtains approval to discontinue entrusted duties pursuant to Article 161 or its designation is cancelled pursuant to Article 167, it shall transfer records concerning the entrusted duties and other matters deemed necessary by the Commission to the Commission or to any person designated by the Commission.
 Article 170 (Public Notice, etc.)
The Commission shall publish public notice of the information about an entrusted institution in the Official Gazette as follows: <Amended by Presidential Decree No. 27248, Jun. 21, 2016>
1. When it designates any of the agencies or institutes referred to in Article 153 (1) 5 as an entrusted institution:
(a) Title and address of the entrusted institution or title and address of the office thereof;
(b) Date, month, and year of designation and entrustment;
(c) Kinds and scope of entrusted duties;
2. Deleted; <by Presidential Decree No. 24245, Dec. 20, 2012>
3. When it approves suspension or discontinuation of all or some of the entrusted duties pursuant to Article 161:
(a) Title and address of the entrusted institution that suspends or discontinues all or some of the entrusted duties;
(b) Title and address of the office that suspends or discontinues entrusted duties;
(c) Date, month, and year of suspension or discontinuation;
(d) Kinds and scope of entrusted duties to be suspended or discontinued;
(e) In the case of suspension, the period of suspension;
4. When it cancels designation as an entrusted institution pursuant to Article 167:
(a) Title and address of the entrusted institution or title and address of the office thereof;
(b) Date, month, and year of cancellation;
5. When it orders suspension of all or some of entrusted duties pursuant to Article 167:
(a) Title and address of the entrusted institution;
(b) Title and address of the office subject to suspension of entrusted duties;
(c) Date, month, and year of suspension;
(d) Kinds and scope of entrusted duties to be suspended and the period of suspension.
 Article 171 (Conditions for Designation, etc.)
(1) The Commission may attach conditions or order the change of matters deemed necessary when granting designation under Article 153 (1) 5, or approval under Articles 155, 159, 161, or 166. <Amended by Presidential Decree No. 27248, Jun. 21, 2016>
(2) The conditions attached and the changes ordered under paragraph (1) shall be made to the minimum extent necessary for the fair management of matters concerning the designation and approval, and they shall not impose any unfair obligation on a person who obtains designation or approval.
 Article 172 (Requests, etc. for Submission of Materials)
When it is deemed necessary for performing entrusted duties, an entrusted institution may request the nuclear energy-related business operator who has applied for such duties to submit supplementary documents and other materials necessary for performing such entrusted duties or request its employees to conduct an on-site inspection of matters concerning the entrusted duties at the business sites or ask pertinent questions to persons involved, and collect the minimum amount of samples necessary for testing and evaluations.
 Article 173 (Certificates of Identification, etc.)
When an entrusted institution has its employees conduct an on-site inspection, etc. at the relevant business site pursuant to Article 172, it shall require them to carry documents issued by the Commission certifying that they are duly visiting or investigating the site and produce such documents to the relevant persons.
 Article 173-2 (Accounting Agency in Charge of Nuclear Safety Regulation Account)
The Commission shall appoint a fund revenue collection officer, a fund financing officer, a fund disbursing officer and a fund accounting official, respectively from among its public officials to take charge of the affairs related to the revenue and expenditure of the nuclear safety regulation account referred to in Article 17 (2) of the Nuclear Energy Promotion Act (hereinafter referred to as "nuclear safety regulation account") that consists of the Nuclear Energy Fund established under paragraph (1) of the same Article.
[This Article Newly Inserted by Presidential Decree No. 26760, Dec. 22, 2015]
 Article 173-3 (Opening of Nuclear Safety Regulation Account at the Bank of Korea)
The Commission shall open the nuclear safety regulation account at the Bank of Korea to ensure clear management of the revenue and expenditure of the nuclear safety regulation account.
[This Article Newly Inserted by Presidential Decree No. 26760, Dec. 22, 2015]
 Article 173-4 (Fiscal Year of Nuclear Safety Regulation Account)
The fiscal year of the nuclear safety regulation account shall coincide with the fiscal year of the Government.
[This Article Newly Inserted by Presidential Decree No. 26760, Dec. 22, 2015]
 Article 173-5 (Delegation, etc. of Duties Related to Nuclear Safety Regulation Account)
(1) The Commission shall delegate the following duties related to the nuclear safety regulation account to the Safety Foundation pursuant to the proviso to Article 18 (1) of the Nuclear Energy Promotion Act: <Amended by Presidential Decree No. 27248, Jun. 21, 2016>
1. Duties related to accounting concerning the management and operation of the nuclear safety regulation account;
2. Duties related to the revenue and expenditure of the nuclear safety regulation account;
3. Duties related to the management of surplus fund in the nuclear safety regulation account;
4. Other duties determined and publicly announced by the Commission concerning the management and operation of the nuclear safety regulation account.
(2) The Safety Foundation to whom the duties related to the nuclear safety regulation account is delegated under paragraph (1) shall report matters determined by the Commission to the Commission. <Amended by Presidential Decree No. 27248, Jun. 21, 2016>
(3) The Commission shall appoint a director responsible for fund revenue and a director responsible for causative acts of fund expenditure from among directors of the Safety Foundation, and a fund disbursing staff and a fund accounting staff from among the employees thereof, respectively, in consultation with the Safety Foundation to whom the duties related to the revenue and expenditure of the nuclear safety regulation account is delegated under paragraph (1). In such cases, the director responsible for fund revenue shall perform the duties of a fund revenue collection officer; the director responsible for causative acts of fund expenditure shall perform the duties of a fund financing official; the fund disbursing staff shall perform the duties of a fund disbursing officer; and fund accounting staff shall perform the duties of a fund accounting official, respectively, within the scope of the delegated duties. <Amended by Presidential Decree No. 27248, Jun. 21, 2016>
[This Article Newly Inserted by Presidential Decree No. 26760, Dec. 22, 2015]
 Article 173-6 (Provisions on Operation of Nuclear Safety Regulation Account)
Except as otherwise expressly provided for in this Decree, matters necessary for the management and operation of the nuclear safety regulation account shall be determined by the Commission.
[This Article Newly Inserted by Presidential Decree No. 26760, Dec. 22, 2015]
 Article 174 (Prevention of Hazards to Environment)
The standards for prevention of any hazards to national health and the environment under subparagraph 3 of Article 11, Articles 12 (5) 2, 21 (1) 3, 36 (1) 3, subparagraph 3 of Article 46 and subparagraph 3 of Article 64 of the Act shall be as follows: <Amended by Presidential Decree No. 26426, Jul. 20, 2015>
1. The concentration of radioactive materials discharged from the facilities in a liquid and gaseous state shall comply with the criteria the Commission determines;
2. Other criteria the Commission determines to prevent any radioactive hazards shall be satisfied.
 Article 175 (Standards for Suspension of Duties or Prohibition against Use and Standards for Imposition of Penalty Surcharges)
The standards for ordering the suspension of duties or prohibition against use and the standards for imposition of penalty surcharges under Article 17 (2) of the Act (including where such provision applies mutatis mutandis in Articles 24 (2), 32 (2), 38 (2) and 66 (2) of the Act), Article 48 (2) of the Act (including where such provision applies mutatis mutandis in Article 52 (7) of the Act) and Article 57 (2) of the Act (including where such provision applies mutatis mutandis in Article 81 (2) of the Act) shall be as prescribed in attached Table 11.
[This Article Wholly Amended by Presidential Decree No. 25747, Nov. 19, 2014]
 Article 175-2 (Imposition and Payment of Penalty Surcharges)
(1) Where the Commission intends to impose a penalty surcharge pursuant to Article 17 (2) of the Act (including where such provision applies mutatis mutandis in Articles 24 (2), 32 (2), 38 (2) and 66 (2) of the Act), Article 48 (2) of the Act (including where such provision applies mutatis mutandis in Article 52 (7) of the Act) and Article 57 (2) of the Act (including where such provision applies mutatis mutandis in Article 81 (2) of the Act), it shall give written notice specifying the details of the relevant violation, the amount of a penalty surcharge, etc. to the person on whom a penalty surcharge is imposed, to pay the penalty surcharge.
(2) A person, in receipt of written notice under paragraph (1), shall pay the penalty surcharge to a receiving institution within 20 days of receipt of such written notice: Provided, That where he/she is unable to pay it by the deadline due to a natural disaster or unavoidable circumstances, he/she shall pay it within seven days from the date the relevant cause ceases to exist.
(3) A receiving institution that has received a penalty surcharge pursuant to paragraph (2) shall issue a receipt to the payer and, without delay, notify the Commission of the fact that it has received the penalty surcharge.
[This Article Newly Inserted by Presidential Decree No. 25747, Nov. 19, 2014]
 Article 176 (Fees)
"Institutions prescribed by Presidential Decree" in the proviso to Article 112 of the Act means the Korea Institute of Nuclear Safety, the Korea Atomic Energy Research Institute, the Korea Institute of Nuclear Nonproliferation and Control, and the Safety Foundation. <Amended by Presidential Decree No. 27248, Jun. 21, 2016>
 Article 177 (Reexamination of Regulations)
The Commission shall examine the validity of following matters every three year (referring to the period until the day before the day the same as the base date in every third year) from the base date of January 1, 2015, and take measures, such as improvement:
1. Standards for ordering the suspension of duties or prohibition against use and standards for imposition of penalty surcharges prescribed in attached Table 11;
2. Standards for imposition of administrative fines prescribed in attached Table 12.
[This Article Newly Inserted by Presidential Decree No. 25747, Nov. 19, 2014]
CHAPTER XI PENAL PROVISIONS
 Article 178 (Standards, etc. for Imposition of Administrative Fines)
The standards for imposition of administrative fines under Article 119 (2) of the Act shall be as prescribed in attached Table 12.
[This Article Newly Inserted by Presidential Decree No. 25747, Nov. 19, 2014]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on October 26, 2011.
Article 2 (Transitional Measures concerning Former Dispositions, etc.)
Any disposition, procedure, and other act taken or done under the former Enforcement Decree of the Atomic Energy Act as at the time this Decree enters into force shall be deemed taken or done under this Decree.
Article 3 Omitted.
Article 4 (Relations with other Acts and Subordinate Statutes)
Where other Acts and subordinate statutes have cited the Enforcement Decree of the Atomic Energy Act or any provisions thereof as at the time this Decree enters into force, if there are any provisions corresponding thereto in this Decree, they shall be deemed to have cited this Decree or the corresponding provisions of this Decree.
ADDENDA <Presidential Decree No. 23529, Jan. 25, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 26, 2012.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 23759, May 1, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of Promulgation. (Proviso Omitted.)
Articles 2 (Application concerning Public Notification on Testing)
Matters to amend the period of public notification on test, etc. among this Decree shall apply to the tests that are held after January 1, 2013.
ADDENDA <Presidential Decree No. 24245, Dec. 20, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of Promulgation.
Articles 2 (Transitional Measures concerning Alteration of Entrusted Institution)
Making disposals which have been entrusted by the Human Resources Development Service of Korea pursuant to previous Article 154 (5) before the execution of this Decree, other acts or acts in respect of the Human Resources Development Service of Korea by test applicants, etc. shall be deemed to be disposals or acts which have been made by the Korea Institute of Nuclear Safety, or acts in respect of the Korea Institute of Nuclear Safety pursuant to the amended provisions of subparagraph 5 of the attached Table 7.
ADDENDA <Presidential Decree No. 24431, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24689, Aug. 16, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 148, 148-2, 148-3, 149, and 154 (1) 13, and attached Tables 7, and 10 shall enter into force on January 1, 2014.
Article 2 (Preparations for Providing Training)
(1) The Commission shall designate and publicly announce a basic training institution and an institution qualified to be entrusted with in-house training under the amended provisions of the latter part of Article 148 (2) before the date of enforcement under the proviso to Article 1 of this Addenda, and may designate and publicly announce an institution qualified to be entrusted with the duties under Article 154 (1) 13 and subparagraph 6 (f) of attached Table 10.
(2) A basic training institution designated pursuant to paragraph (1) shall submit a basic training plan for 2014 under the amended provisions of Article 148-2 (1) by no later than November 30, 2013.
(3) Nuclear energy-related business operators shall submit an in-house training plan for 2014 under the amended provisions of Article 148-2 (4) by no later than December 31, 2013.
Article 3 (Transitional Measures concerning Standards for Permits to Produce Radioactive Isotopes, etc.)
A person who has obtained a permit to produce or make a mobile use of radioactive isotopes, etc. pursuant to the former provisions as at the time this Decree enters into force but falls short of the standards for equipment provided for in the amended provisions of attached Table 2 shall ensure that he/she meets such standards for equipment by no later than December 31, 2013.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDA <Presidential Decree No. 25604, Sep. 11, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Self-Disposal)
The amended provisions of Article 107 (4) and (5) shall also apply to a self-disposal plan submitted under Article 107 (2) before this Decree enters into force.
ADDENDA <Presidential Decree No. 25747, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 22, 2014: Provided, That the amended provisions of Article 148 (2) shall enter into force on January 1, 2015, and the amended provisions of Article 121 (1) 1 and 2 on November 22, 2015, respectively.
Article 2 (Transitional Measures concerning Periodic Safety Reviews)
Former provisions shall apply to a reactor facility, the base date for review of which has arrived under Article 36 (2) and (4) before this Decree enters into force, notwithstanding the amended provisions of Article 37.
Article 3 (Transitional Measures concerning Periodic Safety Reviews of Reactor Facilities for Research, etc.)
Pursuant to the amended provisions of Article 47, a person granted a license to operate a reactor facility for research, etc. before this Decree enters into force shall, by no later than December 31, 2018, finish the first periodic safety review of a reactor facility for research, etc. for which at least ten years have passed since the date such license was granted.
Article 4 (Transitional Measures concerning Appointment of Radiation Safety Managers)
A person granted a license to manufacture, sell, use or move and use radioisotopes, etc. pursuant to Article 53 (1) of the Act before this Decree enters into force shall appoint a radiation safety manager and report thereon to the Nuclear Safety and Security Commission pursuant to the amended provisions of Article 82-2 of the Act within three months after this Decree enters into force; and a person who filed a report to use or move and use radioisotopes, etc. pursuant to Article 53 (2) of the Act shall appoint a radiation safety manager and report thereon to the Commission within six months after this Decree enters into force.
Article 5 (Transitional Measures concerning Disqualifications of Incompetents, etc.)
Former provisions shall apply to a person for whom the declaration of incompetency or quasi-incompetency remains valid pursuant to Article 2 of Addenda to the partially amended Civil Act by Act No. 10429 among persons declared incompetent or quasi-incompetent as at the time the amended provisions of subparagraph 1 of Article 160 enter into force, notwithstanding the aforementioned amended provisions.
Article 6 (Transitional Measures concerning Standards, etc. for Administrative Disposition)
Administrative disposition issued or penalty surcharges or administrative fines imposed for violations committed before this Decree enters into force shall not be counted in the number of violations under the amended provisions of attached Tables 11 and 12.
ADDENDUM <Presidential Decree No. 26426, Jul. 20, 2015>
This Decree shall enter into force on July 21, 2015.
ADDENDUM <Presidential Decree No. 26760, Dec. 22, 2015>
This Decree shall enter into force on January 1, 2016.
ADDENDUM <Presidential Decree No. 27095, Apr. 12, 2016>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 132 (1) shall enter into force six months after the date of its promulgation, and the amended provisions of attached Table 1 shall enter into force on January 1, 2017.
ADDENDA <Presidential Decree No. 27207, May 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 27248, Jun. 21, 2016>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 35 (2) 1, 47 and 146-2 shall enter into force on June 23, 2016.
ADDENDUM <Presidential Decree No. 27678, Dec. 22, 2016>
This Decree shall enter into force on December 23, 2016.
ADDENDUM <Presidential Decree No. 27947, Mar. 20, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27972, Mar. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 21, 2015.
Articles 2 through 10 Omitted.