ENFORCEMENT DECREE OF THE ACT ON PHYSICAL PROTECTION AND RADIOLOGICAL EMERGENCY
Presidential Decree No. 18341, Mar. 29, 2004
Amended by Presidential Decree No. 18678, Jan. 15, 2005
Presidential Decree No. 19124, Nov. 11, 2005
Presidential Decree No. 19513, jun. 12, 2006
Presidential Decree No. 19583, jun. 30, 2006
Presidential Decree No. 19929, Mar. 16, 2007
Presidential Decree No. 20740, Feb. 29, 2008
Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 22647, Jan. 28, 2011
Presidential Decree No. 23237, Oct. 25, 2011
Presidential Decree No. 23248, Oct. 25, 2011
Presidential Decree No. 24431, Mar. 23, 2013
Presidential Decree No. 24760, Sep. 17, 2013
Presidential Decree No. 25028, Dec. 24, 2013
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 25746, Nov. 19, 2014
Presidential Decree No. 26140, Mar. 11, 2015
Presidential Decree No. 26435, Jul. 24, 2015
Presidential Decree No. 26761, Dec. 22, 2015
Presidential Decree No. 27208, May 31, 2016
Presidential Decree No. 28211, Jul. 26, 2017
CHAPTER I GENERAL PROVISIONS
| (1) | The terms used in this Decree shall be defined as follows: <Amended by Presidential Decree No. 19124, Nov. 11, 2005; Presidential Decree No. 27208, May 31, 2016> |
| 1. | "Protected area" means an area surrounded by a physical barrier to protect nuclear materials and nuclear facilities (hereinafter referred to as "nuclear facilities, etc.") defined in Article 2 (1) 1 and 2 of the Act on Measures for the Protection of Nuclear Facilities, etc. and Prevention of Radiation Disasters (hereinafter referred to as the "Act"); |
| 2. | "Vital area" means an identified area within a protected area, to protect nuclear facilities, etc., the sabotage of which can directly or indirectly lead to irreparable radiological consequences; |
| 3. | "Physical barrier" means a fence, barrier, or similar obstacle, that prevents or retards intrusions and supplements control over access. |
| (2) | Except as otherwise expressly provided for in the Act and paragraph (1) above, the definitions prescribed in the Nuclear Safety Act and the Enforcement Decree of said Act shall apply to the terms used in this Decree. <Amended by Presidential Decree No. 19124, Nov. 11, 2005; Presidential Decree No. 23248, Oct. 25, 2011> |
| Article 3 (Nuclear Materials) |
| 1. | Uranium-233 and a compound thereof; |
| 2. | Uranium-235 and a compound thereof; |
| 3. | Thorium and a compound thereof; |
| 4. | Plutonium (referring to Plutonium except that with concentration exceeding 80 percent in Plutonium-238) and a compound thereof; |
| 5. | Any material containing at least one of those specified in subparagraphs 1 through 4; |
| 6. | Any material containing Uranium or a compound thereof or Thorium or a compound thereof, except those specified in subparagraphs 1 through 5. |
| Article 4 (Facilities Related to Using Nuclear Energy) |
"Facilities determined by Presidential Decree with regard to using nuclear energy" in Article 2 (1) 2 of the Act means the following: <Amended by Presidential Decree No. 19124, Nov. 11, 2005; Presidential Decree No. 23248, Oct. 25, 2011> | 1. | Facilities related to a nuclear reactor for power generation or for research; |
| 2. | A nuclear reactor for education, with heat output of at least 100 watts, and related facilities; |
| 3. | A foreign nuclear-powered vessel entering into or departing from a port in the Republic of Korea (referring to a vessel with a nuclear reactor installed inside and owned by any of the persons falling under Article 31 (1) of the Nuclear Safety Act; excluding warships); |
| 4. | A facility in which a radioactive isotope of at least 18.5 petabecquerels is produced, sold, or used. |
| Article 5 Deleted. <by Presidential Decree No. 25746, Nov. 19, 2014> |
| Article 6 (Other Nuclear Licensees) |
"Persons determined by Presidential Decree" in Article 2 (1) 10 (i) of the Act means persons permitted to produce, etc. a radioactive isotope of at least 18.5 petabecquerels, among those permitted to produce, sell, or use a radioactive isotope under Article 53 of the Nuclear Safety Act (hereinafter referred to as "permission for production, etc."). <Amended by Presidential Decree No. 19124, Nov. 11, 2005; Presidential Decree No. 23248, Oct. 25, 2011>
CHAPTER II PHYSICAL PROTECTION OF NUCLEAR MATERIALS AND NUCLEAR FACILITIES
| Article 7 (Establishment of Systems for Threat Assessment and Physical Protection) |
| (1) | 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 "Nuclear Safety and Security Commission") shall assess threats to nuclear facilities, etc. once every three years pursuant to Article 4 (1) of the Act, based upon the following factors, and identify the threats on which the designing and evaluation of the physical protection system shall be based (hereinafter referred to as "design basis threats"), to implement physical protection measures under Article 3 (1) of the Act: Provided, That, if an accident related to physical protection has occurred or is likely to occur, threats may be assessed, and design basis threats may be identified occasionally: <Amended by Presidential Decree No. 25028, Dec. 24, 2013; Presidential Decree No. 25746, Nov. 19, 2014> |
| 2. | Possibility of threats; |
| 3. | Consequences of threats. |
| (2) | The Nuclear Safety and Security Commission shall establish a physical protection system for nuclear facilities, etc., reflecting the design basis threats identified pursuant to paragraph (1). <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23237, Oct. 25, 2011; Presidential Decree No. 25028, Dec. 24, 2013> |
| (3) | The Nuclear Safety and Security Commission may request the heads of related central administrative agencies to provide cooperation necessary for efficiently assessing threats under paragraph (1). In such cases, the Nuclear Safety and Security Commission shall request the Director of the National Intelligence Service to preferentially cooperate in the matters concerning the prevention of electronic intrusions and the security of computers and information systems. <Newly Inserted by Presidential Decree No. 25028, Dec. 24, 2013; Presidential Decree No. 27208, May 31, 2016> |
| (4) | "Public institutions, public organizations, and social organizations determined by Presidential Decree" in Article 4 (3) 4 of the Act means the following agencies, institutions, and organizations (hereinafter referred to as "designated institutions"): <Amended by Presidential Decree No. 19124, Nov. 11, 2005; Presidential Decree No. 19929, Mar. 16, 2007; Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 22647, Jan. 28, 2011; Presidential Decree No. 23237, Oct. 25, 2011; Presidential Decree No. 24760, Sep. 17, 2013; Presidential Decree No. 25028, Dec. 24, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | The Regional Police Agency or Police Station having jurisdiction over all or part of a radiation emergency planning zone; |
| 2. | The National 119 Rescue Headquarters; |
| 3. | The Fire Department or Fire Station having jurisdiction over all or part of a radiation emergency planning zone; |
| 4. | The Office of Education having jurisdiction over all or part of a radiation emergency planning zone; |
| 5. | The Coast Guard Station having jurisdiction over all or part of a radiation emergency planning zone; |
| 6. | The Regional Meteorological Office having jurisdiction over all or part of a radiation emergency planning zone; |
| 7. | The Public Health Clinic having jurisdiction over all or part of a radiation emergency planning zone; |
| 8. | The military unit designated by the Minister of National Defense as the military unit having jurisdiction over all or part of a radiation emergency planning zone; |
| 9-2. | The Korea Institute of Nuclear Nonproliferation and Control established under Article 6 of the Nuclear Safety Act (hereinafter referred to as the "Korea Institute of Nuclear Nonproliferation and Control"); |
| 13. | Other institutions and organizations deemed necessary and designated by the Nuclear Safety and Security Commission to establish a physical protection system. |
| (5) | "Necessary measures determined by Presidential Decree" in the main sentence of Article 4 (3) of the Act, means the following: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23237, Oct. 25, 2011; Presidential Decree No. 25028, Dec. 24, 2013> |
| 1. | Establishing, operating, and managing facilities and equipment related to physical protection for effectively responding to threats to nuclear facilities, etc. (limited to nuclear licensees); |
| 2. | Operating organizations and human resources related to physical protection for effectively responding to threats to nuclear facilities, etc. (limited to nuclear licensees); |
| 3. | Providing education and training to persons who perform services related to physical protection; |
| 4. | Taking protective measures requested by the Nuclear Safety and Security Commission, when it obtains specific information about a threat to nuclear facilities, etc.; |
| 5. | Assessing the impact of designing, operating, altering, etc. the physical protection system for nuclear facilities, etc. to the safety of nuclear facilities, etc. and taking supplementary measures therefor (limited to nuclear licensees). |
| Article 8 (Duties, etc. of Chairperson) |
| (1) | The chairperson of the physical protection council for nuclear facilities, etc. established under Article 5 (1) of the Act (hereinafter referred to as the "Protection Council") shall exert overall control over all business affairs of the Protection Council and shall represent the Protection Council. |
| (2) | If the chairperson is unable to perform any of his/her duties in extenuating circumstances, a council member pre-designated by the chairperson shall act on his/her behalf. |
| Article 9 (Members of Protection Council) |
"Public officials of the central administrative agencies or the heads of the relevant institutions and organizations determined by Presidential Decree" in Article 5 (2) of the Act means the following: <Amended by Presidential Decree No. 18678, Jan. 15, 2005; Presidential Decree No. 23248, Oct. 25, 2011; Presidential Decree No. 24431, Mar. 23, 2013; Presidential Decree No. 25028, Dec. 24, 2013> | 1. | Grade-III public officials or those equivalent thereto, designated by the Director of the National Intelligence Service among public officials of the National Intelligence Service; |
| 2. | The President of the Korea Institute of Nuclear Nonproliferation and Control; |
| 3. | Deleted. <by Presidential Decree No. 26435, Jul. 24, 2015> |
| Article 10 (Operation of Protection Council) |
| (1) | Where the chairperson deems it necessary, he/she shall convene a Protection Council meeting. |
| (2) | A majority of all incumbent members of the Protection Council shall constitute a quorum at all its meetings; and resolutions shall be passed with the concurrent vote of at least a majority of those present. |
| (3) | The Protection Council shall have one secretary whom the chairperson of the Nuclear Safety and Security Commission appoints from among the public officials of the Nuclear Safety and Security Commission. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23237, Oct. 25, 2011> |
| (4) | Except as otherwise expressly provided for in this Decree, matters necessary for operating the Protection Council shall be determined by the chairperson of the Protection Council, following a resolution by the Protection Council. |
| Article 11 (Working Protection Council) |
| (1) | A working protection council shall be established within the Protection Council, to examine agenda items to be discussed at a Council meeting, coordinate cooperation with related institutions, and promote efficient operation of the Protection Council. |
| (2) | Director general-level public officials in charge of administrative affairs related to physical protection, from among the public officials of the Nuclear Safety and Security Commission, shall serve as the chairperson of the working protection council under paragraph (1) (hereinafter referred to as the "working protection council"); and the following persons shall serve as members of the working protection council: <Amended by Presidential Decree No. 19513, Jun. 12, 2006; Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23237, Oct. 25, 2011; Presidential Decree No. 24431, Mar. 23, 2013> |
| 1. | A director of a division or public official equivalent thereto, appointed by each of the heads of central administrative agencies to which members of the Protection Council belong (or a field-grade officer equivalent thereto, in cases of the Ministry of National Defense); |
| 2. | A person appointed by each of the heads of relevant institutions or organizations from among executives and employees of the relevant institutions or organizations under subparagraph 2 or 3 of Article 9. |
| (3) | When the chairperson of the working protection council deems necessary, he/she shall convene a working protection council meeting. |
| (4) | Except as otherwise expressly provided for in paragraphs (1) through (3), matters necessary for organizing and operating the working protection council shall be determined by the chairperson of the working protection council, following a resolution by the working protection council. |
| Article 12 (Allowances, etc.) |
Allowances may be paid, and travel expenses may be reimbursed, to the members who have attended a Protection Council meeting or a working protection council meeting, within budgetary limits: Provided, That the foregoing shall not apply where a public official member attends a meeting in direct connection with any of his/her duties.
| Article 13 (Establishment of Regional Protection Councils) |
"Nuclear facilities, etc. determined by Presidential Decree" in Article 7 (1) of the Act means the following: <Amended by Presidential Decree No. 19124, Nov. 11, 2005; Presidential Decree No. 23248, Oct. 25, 2011> | 1. | A nuclear reactor for power generation and its related facilities; |
| 2. | A nuclear reactor for research, with an output of at least two megawatts, among those for research, and its related facilities; |
| 3. | Facilities for storing and disposing of spent nuclear fuel, among those for storing, processing, and disposing of radioactive wastes defined in subparagraph 18 of Article 2 of the Nuclear Safety Act, and facilities auxiliary thereto. |
| Article 14 (Organization and Operation of Regional Protection Councils) |
| (1) | Members of a City/Do protection council established under Article 7 (1) of the Act, shall be as follows: <Amended by Presidential Decree No. 25746, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | The Vice Mayor for Administrative Affairs (referring to the Vice Mayor I for Administrative Affairs) or the Vice Do Governor of the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do"); |
| 2. | The Director General in charge of physical protection of nuclear facilities, etc. in the relevant City/Do; |
| 3. | The head of the branch of the National Intelligence Service, having jurisdiction over the relevant City/Do; |
| 4. | The head of the Regional Police Agency, having jurisdiction over the relevant City/Do; |
| 5. | The person who serves as the regional commander of the military unit having jurisdiction over all or part of the relevant City/Do, who is designated by the Minister of National Defense; |
| 6. | The chief of the coast guard station having jurisdiction over all or part of the relevant City/Do; |
| 7. | Persons commissioned by the chairperson of the relevant City/Do protection council, from among the heads of institutions and organizations involved in physical protection of nuclear facilities, etc. having jurisdiction over all or part of the relevant City/Do or persons with knowledge of and experience in physical protection of nuclear facilities, etc. |
| (2) | Members of a Si/Gun/Gu protection council established under Article 7 (1) of the Act, shall be as follows: <Amended by Presidential Decree No. 25746, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | The deputy head of the relevant Si, Gun, or autonomous Gu (hereinafter referred to as "Si/Gun/Gu"); |
| 2. | The director of the division (or the director general in cases of a bureau) in charge of physical protection of nuclear facilities, etc. in the relevant Si/Gun/Gu; |
| 3. | The head of the branch of the National Intelligence Service, having jurisdiction over the relevant Si/Gun/Gu; |
| 4. | The chief of the police station having jurisdiction over the relevant Si/Gun/Gu; |
| 5. | The person who serves as the regional commander of the military unit having jurisdiction over all or part of the relevant Si/Gun/Gu, who is designated by the Minister of National Defense; |
| 6. | The chief of the coast guard substation having jurisdiction over all or part of the relevant Si/Gun/Gu; |
| 7. | Persons commissioned by the chairperson of the relevant Si/Gun/Gu protection council, from among the heads of institutions and organizations involved in physical protection of nuclear facilities, etc. having jurisdiction over all or part of the relevant Si/Gun/Gu or persons with knowledge of and experience in physical protection of nuclear facilities, etc. |
| (3) | The chairperson of a City/Do protection council or of a Si/Gun/Gu protection council (hereinafter referred to as "regional protection council") shall administer all business affairs of the regional protection council and shall represent it. |
| (4) | If the chairperson of a regional protection council is unable to perform any of his/her duties in extenuating circumstances, a council member pre-designated by the chairperson shall act on his/her behalf. |
| (5) | Where the chairperson of a regional protection council deems it necessary, he/she shall convene a regional protection council meeting. |
| (6) | A majority of all incumbent members of a regional protection council shall constitute a quorum at all its meetings; and resolutions shall be passed with the concurrent vote of at least a majority of those present. |
| (7) | Allowances may be paid, and travel expenses may be reimbursed, to the members who attend a regional protection council meeting, within budgetary limits: Provided, That the foregoing shall not apply where a public official member attends a meeting in direct connection with any of his/her duties. <Amended by Presidential Decree No. 25746, Nov. 19, 2014> |
| (8) | Except as otherwise expressly provided for in this Decree, matters necessary for operating a regional protection council shall be determined by the chairperson of the regional protection council, following a resolution by the regional protection council. <Amended by Presidential Decree No. 25746, Nov. 19, 2014> |
| Article 15 (Classification of Nuclear Materials by Grade) |
Nuclear materials subject to physical protection under Article 8 (1) of the Act shall be graded as specified in attached Table 1. <Amended by Presidential Decree No. 25746, Nov. 19, 2014>
| Article 16 (Requirements for Protection of Nuclear Facilities, etc.) |
The requirements for physical protection of nuclear facilities, etc. under Article 8 (2) of the Act (hereinafter referred to as “requirements for protection”) shall be as prescribed in attached Table 2. <Amended by Presidential Decree No. 25746, Nov. 19, 2014>
| Article 17 (Application for Approval of Regulations, etc. on Physical Protection) |
| (1) | A nuclear licensee who intends to obtain approval for the facilities and installations for physical protection and the operating system of such facilities and installations, the regulations on physical protection, the protection emergency plan, and the regulations on security of the information system (hereinafter referred to as "physical protection regulations, etc."), pursuant to the main sentence of Article 9 (1) of the Act, shall file an application therefor with the Nuclear Safety and Security Commission, by not later than five months before commencing the use of the relevant nuclear facilities, etc. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23237, Oct. 25, 2011; Presidential Decree No. 27208, May 31, 2016> |
| (2) | When a nuclear licensee intends to amend physical protection regulations, etc. pursuant to the main sentence of Article 9 (1) of the Act, it shall file an application for approval for the amendment, stating the provisions to be amended and grounds therefor, with the Nuclear Safety and Security Commission. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23237, Oct. 25, 2011; Presidential Decree No. 27208, May 31, 2016> |
| (3) | When the Nuclear Safety and Security Commission intends to approve physical protection regulations, etc. or an amendment thereto under the main sentence of Article 9 (1) of the Act, it shall pre-consult with the Director of the National Intelligence Service, before approving the regulations or the amendment, if the relevant nuclear facilities are subject to security measurement under Article 36 of the Regulations on Security Work. <Amended by Presidential Decree No. 19124, Nov. 11, 2005; Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23237, Oct. 25, 2011; Presidential Decree No. 27208, May 31, 2016> |
| Article 17-2 (Education on Physical Protection) |
| (1) | Educational programs on physical protection to be conducted under Article 9-2 (1) of the Act shall be classified into intial educational programs and continuing educational programs. |
| (2) | When the Nuclear Safety and Security Commission conducts educational programs under paragraph (1), it shall conduct programs suitable for duties of attendees in such programs. |
| (3) | Matters regarding the details, methods, etc. of educational programs to be conducted under paragraphs (1) and (2), shall be prescribed by Ordinance of the Prime Minister. |
[This Article Newly Inserted by Presidential Decree No. 25746, Nov. 19, 2014]
| (1) | Each nuclear licensee shall undergo the following inspections conducted by the Nuclear Safety and Security Commission, pursuant to Article 12 (1) of the Act: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23237, Oct. 25, 2011; Presidential Decree No. 25746, Nov. 19, 2014> |
| 1. | Initial inspection: Inspecting the protection of the relevant nuclear facilities before bring nuclear materials, radioactive substances, or radioactive wastes into the nuclear facilities: Provided, That the foregoing shall not apply where a radioactive substance is brought in for non-destructive testing, etc. defined in Article 2 of the Act on the Promotion and Management of Non-Destructive Testing Technology, other than for the originally intended purposes of the relevant facilities; |
| 2. | Periodic inspection: Biannually inspecting the protection of the relevant nuclear facilities, etc. in each place of business or each site; |
| 3. | Transport inspection: Inspecting the protection of the relevant nuclear material, where a nuclear licensee intends to transport a nuclear material from any place other than the relevant place of business to the relevant place of business or intends to import a nuclear material from a foreign country and transport it to the relevant place of business; |
| 4. | Special inspection: Inspecting the physical protection of the relevant nuclear facilities, etc., in any of the following cases: |
| (a) | Where an accident occurs in connection with physical protection of nuclear facilities, etc.; |
| (b) | Where a nuclear licensee obtains approval for amending physical protection regulations, etc. pursuant to the main sentence of Article 9 (1) of the Act. |
| (2) | Upon receipt of a request from the Director of the National Intelligence Service in regard to any inspection conducted under Article 12 (1) of the Act, the Nuclear Safety and Security Commission may conduct the inspection concurrently, while conducting the security measurement or investigating a security accident under Article 37 or 38 of the Regulations on Security Work. <Amended by Presidential Decree No. 19124, Nov. 11, 2005; Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23237, Oct. 25, 2011; Presidential Decree No. 25746, Nov. 19, 2014; Presidential Decree No. 26140, Mar. 11, 2015> |
| (3) | An initial inspection or a transport inspection under paragraph (1) 1 or 3 shall be applied for by not later than 14 days before first bringing in or transporting the relevant material. <Amended by Presidential Decree No. 19124, Nov. 11, 2005; Presidential Decree No. 25746, Nov. 19, 2014> |
| (4) | When the Nuclear Safety and Security Commission intends to conduct an inspection under paragraph (1) 2 or 4, it shall notify the relevant nuclear licensee of the inspection plan, including the list of inspectors and the schedule and details of inspection, by not later than ten days before commencing the inspection. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23237, Oct. 25, 2011> |
| (5) | Details concerning methods, etc. for conducting inspections under paragraph (1) shall be determined by the Nuclear Safety and Security Commission. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23237, Oct. 25, 2011> |
CHAPTER III MEASURES FOR PREVENTING RADIATION DISASTERS
SECTION 1 Systems for Managing and Responding to Radiation Disaters
| Article 19 (Standards, etc. for Types of Radiation Emergencies) |
The standards for the types of radiation emergencies under Article 17 (2) of the Act and the procedures for responding to each type of radiation emergency shall be as prescribed in attached Table 3.
| Article 20 (Formulation of National Radioactive Disaster Prevention Plans) |
| (1) | The national radioactive disaster prevention plan under Article 18 (1) of the Act (hereinafter referred to as the "national radioactive disaster prevention plan") shall be formulated every five years. |
| 1. | The policy objectives on radiation emergencies and radiation disasters (hereinafter referred to as "radiation disasters, etc.") and the basic direction-setting therefor; |
| 2. | Tasks to be performed to respond to radiation disasters, etc.; |
| 3. | An investment plan for responding to radiation disasters, etc.; |
| 4. | The institutions which the Nuclear Safety and Security Commission shall notify that a radiation disaster, etc. occurs, the methods of notification, and the procedure for notification; |
| 5. | Other matters necessary for responding to radiation disasters, etc. |
[This Article Wholly Amended by Presidential Decree No. 25028, Dec. 24, 2013]
| Article 20-2 (Formulation of National Implementation Plans for Preventing Radioactive Disasters) |
| (1) | The Nuclear Safety and Security Commission shall formulate an annual implementation plan (hereinafter referred to as "national implementation plan for preventing radioactive disasters") based on the national radioactive disaster prevention plan. |
[This Article Newly Inserted by Presidential Decree No. 25028, Dec. 24, 2013]
| Article 21 (Formulation of Regional Radioactive Disaster Prevention Plans) |
| (1) | The Nuclear Safety and Security Commission shall prepare guidelines for formulating regional radioactive disaster prevention plans under Article 19 (1) of the Act (hereinafter referred to as "regional radioactive disaster prevention plan"), based on the national radioactive disaster prevention plan and the national implementation plan for preventing radioactive disasters, and shall notify such guidelines to the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), or the head of the competent Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply), having jurisdiction over all or part of a radiation emergency planning zone, along with the national implementation plan for preventing radioactive disasters. <Amended by Presidential Decree No. 25746, Nov. 19, 2014> |
| (2) | When the Mayor/Do Governor or the head of the Si/Gun/Gu, having jurisdiction over all or part of a radiation emergency planning zone, formulates a regional radioactive disaster prevention plan pursuant to Article 19 (1) of the Act, he/she shall follow the guidelines for formulating the national radioactive disaster prevention plan, the national implementation plan for preventing radioactive disasters, and the regional radioactive disaster prevention plan notified under paragraph (1). |
| (4) | The Mayor/Do Governor or the head of the Si/Gun/Gu, having jurisdiction over all or part of a radiation emergency planning zone, shall submit the regional radioactive disaster prevention plan formulated pursuant to paragraphs (3) to the Nuclear Safety and Security Commission, without delay. |
[This Article Wholly Amended by Presidential Decree No. 25028, Dec. 24, 2013]
| Article 22 (Application for Approval of Radiation Emergency Plans) |
| (1) | Each nuclear licensee shall formulate a radiation emergency plan (hereinafter referred to "radiation emergency plan"), which includes the following matters therein, and shall file an application for approval with the Nuclear Safety and Security Commission, pursuant to Article 20 (1) of the Act: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23237, Oct. 25, 2011> |
| 1. | Matters regarding the radiation emergency planning zone in the relevant nuclear facilities; |
| 2. | Matters regarding the organization and missions for preparing for radiation disasters, etc.; |
| 3. | Matters regarding the securing of facilities and equipment for responding to radiation disasters under Article 35 (1) of the Act; |
| 4. | Matters regarding detailed standards for each type of radiation emergency based upon the relevant nuclear facilities; |
| 5. | Matters regarding measures to respond at the early stage of an accident; |
| 6. | Matters regarding activities of responding to radiation disasters, etc.; |
| 7. | Matters regarding recovery from radiation disasters, etc.; |
| 8. | Matters regarding educational and training programs for preventing radiation disasters; |
| 9. | Other matters deemed necessary by a nuclear licensee, to prepare for radiation disasters, etc. in nuclear facilities, etc. |
| (2) | Where a nuclear licensee intends to amend a radiation emergency plan pursuant to the main sentence of Article 20 (1) of the Act, it shall file an application for approval for the amendment, stating the provisions to be amended and grounds for amending them therein, with the Nuclear Safety and Security Commission. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23237, Oct. 25, 2011> |
| Article 22-2 (Procedures, etc. for Consulting on Radiation Emergency Planning Zones) |
| (1) | When the Nuclear Safety and Security Commission publicly announces an area on which the establishment of a radiation emergency planning zone for each nuclear facility, shall be based under Article 20-2 (1) of the Act (hereinafter referred to as "base area"), it may publicly announce such area as classified according to the characteristics of each nuclear facility, such as the amount of thermal output. |
| (2) | When a nuclear licensee intends to consult with the Mayor/Do Governor having jurisdiction over the relevant base area, in order to establish a radiation emergency planning zone pursuant to Article 20-2 (2) of the Act, it shall submit the following documents to the relevant Mayor/Do Governor: |
| 1. | Population distribution within the largest radius of the relevant base area from where the relevant nuclear facility is installed: |
| (a) | The size of population in each area divided by a two-kilometer radius from where the relevant nuclear facility is installed after dividing the base area into 16 directions starting at the Due North from where the relevant nuclear facility is installed (the size of population shall be calculated by aggregating the size of population in each administrative district (referring to each Dong/Ri under Article 3 (3) of the Local Autonomy Act; hereafter the same shall apply in this Article) included in the relevant divided area, but the size of population shall be calculated according to the ratio of size of each divided area, if several divided areas are included in one administrative district); |
| (b) | The size of population in each administrative district; |
| 2. | Detailed maps indicating administrative districts, road networks, and geographical features, such as mountains and rivers, in the area within the largest radius of the relevant base area from where the relevant nuclear facility is installed; |
| 3. | Purposes of installing the relevant nuclear facility and characteristics of the facility, including the amount of thermal output. |
| (3) | Notwithstanding paragraph (2), if the whole base area of the relevant nuclear facility is included in the site of the relevant nuclear facility, the nuclear licensee may submit the documents evidencing the fact to the competent Mayor/Do Governor in lieu of the documents that shall be otherwise submitted pursuant to paragraph (2). |
| (4) | When a nuclear licensee wishes to obtain approval of a radiation emergency planning zone from the Nuclear Safety and Security Commission pursuant to Article 20-2 (3) of the Act, it shall submit the documents submitted to the competent Mayor/Do Governor pursuant to paragraph (2) and documents that can prove outcomes of consultation, to the Nuclear Safety and Security Commission. |
[This Article Newly Inserted by Presidential Decree No. 25746, Nov. 19, 2014]
| Article 23 (Small Nuclear Licensees) |
"Small nuclear licensees determined by Presidential Decree" in the provisos to Articles 21 (1) and 35 (1) of the Act means the following: <Amended by Presidential Decree No. 19124, Nov. 11, 2005; Presidential Decree No. 23248, Oct. 25, 2011> | 1. | A nuclear licensee who falls under Article 2 (1) 10 (c) of the Act and obtains a permit to construct or to operate a nuclear reactor not exceeding two megawatts for research and its related facilities and a nuclear reactor for education and its related facilities; |
| 2. | A nuclear licensee who falls under Article 2 (1) 10 (e) of the Act and obtains a permit to engage in a business of refining natural Uranium or obtains a permit to engage in a business of processing nuclear materials with concentration of less than five percent in Uranium-235; |
| 3. | A nuclear licensee who falls under Article 2 (1) 10 (f) of the Act and engages in a designated business of processing spent nuclear fuel for research or experiment; |
| 4. | A nuclear licensee who falls under Article 2 (1) 10 (g) of the Act and obtains a permit to use or to possess any of the following nuclear fuel materials: |
| (a) | A nuclear fuel material with concentration of at least five percent in Uranium-235 and with a weight not exceeding 700 grams; |
| (b) | A nuclear fuel material with concentration not exceeding five percent in Uranium-235 and with a weight not exceeding 1,200 grams; |
| 5. | A nuclear licensee who falls under Article 2 (1) 10 (h) of the Act and obtains a permit to construct or to operate facilities for storing, processing, disposing of radioactive wastes and facilities auxiliary thereto, except those who obtain a permit to construct or to operate facilities for storing and processing spent nuclear fuel; |
| 6. | A nuclear licensee who obtains a permit, etc. to produce radioisotopes under Article 53 of the Nuclear Safety Act and obtains a permit, etc. to produce radioisotopes not exceeding 185 petabecquerels. |
| Article 24 (Duties of Nuclear Licensees) |
"Matters determined by Presidential Decree" in Article 21 (1) 7 of the Act, means emergency measures to be taken for persons contaminated by or exposed to radiation due to a radiation disaster, etc. in the site of a nuclear facility; and for employees of a nuclear licensee contaminated by or exposed to radiation.
| Article 25 (Standards for Declaring Radiation Disasters) |
| (1) | "Where the amount of the radiation exposure measured or assessed is at least the standard determined by Presidential Decree" in Article 23 (1) 1 of the Act means where the amount of the radiation exposure measured or assessed at the boundary of the site of a nuclear facility meets any of the following cases: <Amended by Presidential Decree No. 25746, Nov. 19, 2014> |
| 1. | Where the whole-body dose is at least 10 millisieverts per hour; |
| 2. | Where the thyroid dose is at least 50 millisieverts per hour. |
| (2) | "Where the measured airborne radiation dose rate or the degree of contamination is at least the level prescribed by Presidential Decree" in Article 23 (1) 2 of the Act means where the airborne radiation dose rate measured at the boundary of the site of a nuclear facility is at least 1 roentgen per hour; or the degree of contamination is at least 1 roentgen per hour. |
| Article 26 (Notification of and Response to Radiation Disasters) |
| (1) | The Nuclear Safety and Security Commission shall have the competent Mayor/Do Governor or the head of the relevant Si/Gun/Gu inform the residents in an area affected or likely to be affected by radiation of the following, pursuant to Article 24 (2) of the Act: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23237, Oct. 25, 2011> |
| 1. | The summarized conditions of a radiation disaster, including the status of an accident in the relevant nuclear facilities, etc.; |
| 2. | The area in which emergency measures to respond to a radiation disaster must be taken. |
| (2) | The competent Mayor/Do Governor or the head of the relevant Si/Gun/Gu shall take the following countermeasures under Article 24 (2) of the Act: |
| 1. | Disseminating tips for residents' actions to prevent damage by radiation disasters; |
| Article 27 (Composition of Central Headquarters) |
"Public officials of the central administrative agencies or the heads of the relevant institutions and organizations determined by Presidential Decree" in Article 25 (2) of the Act means the following: <Amended by Presidential Decree No. 19929, Mar. 16, 2007> | 1. | The President of the Korea Institute of Nuclear Safety; |
| 2. | The President of the Korea Institute of Radiological and Medical Sciences; |
| 3. | The heads of other relevant institutions and organizations deemed necessary and commissioned by the head of the central radioactive disaster prevention and response headquarters established under Article 25 (1) of the Act (hereinafter referred to as the "Central Headquarters") to take emergency measures to respond to a radiation disaster. |
| Article 28 (Operation of Central Headquarters) |
| (1) | The head of the Central Headquarters (hereinafter referred to as the "head of the Central Headquarters") shall represent the Central Headquarters and shall exert overall control over all business affairs of the Central Headquarters. |
| (2) | If the head of the Central Headquarters deems it necessary to take emergency measures to respond to a radiation disaster, he/she may convene a meeting to be attended by the members of the Central Headquarters specified in Article 25 (2) of the Act. |
| (3) | The following measures shall be subject to a resolution at a meeting of the Central Headquarters under paragraph (2): |
| 1. | Emergency measures to be taken in the area where a radiation disaster occurs; |
| 2. | Emergency aid for protecting residents; |
| 3. | Other matters the head of the Central Headquarters deems necessary to take emergency measures to respond to a radiation disaster and table at the meeting for deliberation. |
| Article 29 (Composition, Operation, etc. of Regional Headquarters) |
| (1) | Two deputy-heads to assist the head of a regional headquarters shall be assigned to a City/Do or Si/Gun/Gu radioactive disaster prevention and response headquarters under Article 27 (1) of the Act (hereinafter referred to as "regional headquarters"); being the deputy-head of the relevant local government (referring to the Vice Mayor for Administrative Affairs in the case of a City/Do (referring to the Vice Mayor II for Administrative Affairs in the case of the Special Metropolitan City) or the Vice Do Governor for Administrative Affairs) and the head of a designated institution commissioned by the head of the relevant regional radioactive disaster prevention and response headquarters (hereinafter referred to as the "head of the regional headquarters"). |
| (2) | Members shall be assigned to a regional headquarters; as appointed by the head of the regional headquarters, from among the public officials of the relevant local government, and as dispatched by designated institutions. |
| (3) | The head of each regional headquarters shall pre-determine the composition of the regional headquarters based upon the type of radiation emergency under Article 19. |
| (4) | The head of each regional headquarters may organize and operate working teams for each function necessary to manage disasters. |
| (5) | Except as otherwise expressly provided for in this Decree, matters necessary for composing and operating regional headquarters shall be determined by the head of the regional headquarters having jurisdiction over the relevant area. |
| Article 30 (Composition, Operation, etc. of On-Site Command Centers) |
| (1) | "Other nuclear facilities determined by Presidential Decree" in Article 28 (1) of the Act means the following: <Amended by Presidential Decree No. 24431, Mar. 23, 2013> |
| 1. | A nuclear reactor with thermal output of at least two megawatts for research, among the nuclear reactors for research under Article 2 (1) 2 of the Act, and its related facilities; |
| 2. | A facility for storing and processing spent nuclear fuel, among the facilities for storing, processing, and disposing of radioactive wastes under Article 2 (1) 2 of the Act, and facilities auxiliary thereto. |
| (2) | "Central administrative agencies, local governments, and designated institutions determined by Presidential Decree" in Article 28 (2) of the Act means the following: <Amended by Presidential Decree No. 19124, Nov. 11, 2005; Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 23237, Oct. 25, 2011; Presidential Decree No. 24431, Mar. 23, 2013; Presidential Decree No. 25028, Dec. 24, 2013; Presidential Decree No. 25746 & 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Ministry of Education; |
| 2. | Ministry of Science and ICT; |
| 3. | Ministry of National Defense; |
| 4. | Ministry of the Interior and Safety; |
| 5. | Ministry of Culture, Sports and Tourism; |
| 6. | Ministry of Trade, Industry and Energy; |
| 7. | Ministry of Health and Welfare; |
| 8. | Ministry of Gender Equality and Family; |
| 9. | Minister of Land, Infrastructure and Transport; |
| 10. | Ministry of Oceans and Fisheries; |
| 11. | Ministry of Food and Drug Safety; |
| 12. | National Fire Agency; |
| 13. | Nuclear Safety and Security Commission; |
| 14. | The City/Do having jurisdiction over all or part of a radiation emergency planning zone; |
| 15. | The Si/Gun/Gu having jurisdiction over all or part of a radiation emergency planning zone; |
| 16. | Designated institutions. |
| (3) | The head of an on-site command center for preventing radioactive disasters established under Article 28 (1) of the Act (hereinafter referred to as "on-site command center") may organize and operate working teams for each function to promptly command countermeasures against radiation disasters, etc., control the situation, and promptly collect and disseminate information about disasters. |
| Article 31 (Allied Information Centers) |
The person designated by the head of an on-site command center, from among the relevant officers dispatched under Article 28 (2) of the Act, shall serve as the head of an allied information center under the main sentence of Article 28 (3) of the Act: Provided, That the person designated by the head of the relevant Si/Gun/Gu radioactive disaster prevention and response headquarters shall serve as the head of an allied information center until an on-site command center begins to operate.
| Article 32 (Joint Disaster Prevention and Response Council) |
The head of the joint disaster prevention and response council referred to in Article 30 (1) of the Act shall serve as the head of the on-site command center; and council members shall be appointed by the head of the on-site command center for each field, from among public officials, executives, and employees dispatched to the on-site command center under Article 28 (2) of the Act.
SECTION 2 Maintenance of Preparations for Radiation Disasters
| Article 33 (Education on Radioactivity Prevention) |
| (1) | The educational programs on radioactivity prevention to be conducted under Article 36 (1) of the Act shall be classified into initial educational programs and continuing educational programs. <Amended by Presidential Decree No. 25746, Nov. 19, 2014> |
| (2) | When the Nuclear Safety and Security Commission conducts educational programs under paragraph (1), it shall conduct programs suitable for the duties of attendees of each educational programs, such as fire-fighting, emergency rescue, management of radiation disasters, emergency medial treatment of radiation, protection of residents, etc. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23237, Oct. 25, 2011; Presidential Decree No. 25746, Nov. 19, 2014> |
| (3) | Matters regarding the details, methods, etc. of education to be conducted under paragraphs (1) and (2) shall be prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23237, Oct. 25, 2011; Presidential Decree No. 24431, Mar. 23, 2013; Presidential Decree No. 25746, Nov. 19, 2014> |
| Article 34 (Designation, etc. of Radioactivity Prevention Personnel) |
| (1) | When a Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of a primary or secondary radiation emergency medical institution, having jurisdiction over all or part of a radiation emergency planning zone, designates radioactivity prevention personnel or radiation emergency medical staff pursuant to Article 36 (1) of the Act, he/she shall submit the list of personnel or staff to the Nuclear Safety and Security Commission. The same shall also apply where any member of such personnel or staff is replaced. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23237, Oct. 25, 2011> |
| (2) | A Mayor/Do Governor or the head of a Si/Gun/Gu having jurisdiction over all or part of a radiation emergency planning zone shall preferentially designate persons with expertise necessary for preventing radiation, from among the public officials of the local government, as radioactivity prevention personnel, pursuant to Article 36 (3) of the Act. |
| Article 35 (Radiation Emergency Drills) |
| (1) | The Nuclear Safety and Security Commission shall formulate a radiation emergency drill plan necessary for conducting radiation emergency drills under Article 37 (1) of the Act. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23237, Oct. 25, 2011; Presidential Decree No. 25746, Nov. 19, 2014> |
| (2) | When the Nuclear Safety and Security Commission formulates a radiation emergency drill plan pursuant to paragraph (1), it shall give notice thereof or instructions thereon, to the heads of related central administrative agencies who shall participate in the radiation emergency drill; the Mayor/Do Governor and the head of the Si/Gun/Gu having jurisdiction over all or part of the relevant radiation emergency planning zone; the heads of the designated institutions; and relevant nuclear licensees. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23237, Oct. 25, 2011; Presidential Decree No. 25746, Nov. 19, 2014> |
| (3) | A Mayor/Do Governor or the head of a Si/Gun/Gu who shall conduct a radiation emergency drill pursuant to Article 37 (2) of the Act, shall conduct the drill in accordance with the following standards. In such cases, the head of the relevant Si/Gun/Gu shall submit a Si/Gun/Gu radiation emergency drill plan to the competent Mayor/Do Governor, by not later than 45 days before conducting the drill; and the Mayor/Do Governor shall submit a City/Do radiation emergency drill plan formulated by collecting and adjusting Si/Gun/Gu radiation emergency drill plans to the Nuclear Safety and Security Commission, by not later than one month before conducting the drill: <Amended by Presidential Decree No. 25746, Nov. 19, 2014> |
| 1. | Radiation emergency drills in which designated institutions and nuclear licensees in the relevant area shall participate: At least biannually; |
| 2. | Intensive drills for special fields, among measures related to protecting residents, including traffic control, dissemination of conditions of residents, indoor sheltering and evacuation, distribution of drugs for protection, and operation of first-aid stations: At least annually. |
| (4) | If the Nuclear Safety and Security Commission deems necessary for conducting drills efficiently, it may partially adjust the City/Do or Si/Gun/Gu radiation emergency drill plans under paragraph (3), such as the schedule of drills, through consultation with the relevant Mayors/Do Governors. <Newly Inserted by Presidential Decree No. 25746, Nov. 19, 2014> |
| (5) | A Mayor/Do Governor or the head of a Si/Gun/Gu may request designated institutions and nuclear licensees in the relevant area to cooperate in necessary matters, including participation in drills, in order to conduct drills under paragraph (3). In such cases, a person in receipt of such request shall comply therewith, except in extenuating circumstances. <Newly Inserted by Presidential Decree No. 25746, Nov. 19, 2014> |
| Article 36 (Establishment, etc. of National Emergency Radiological and Medical Systems) |
| (1) | If the Nuclear Safety and Security Commission deems it necessary for establishing a national emergency radiological and medical system under Article 39 (1) of the Act, it may request the heads of related central administrative agencies to provide information about rescue, relief, or public health and medical services for residents. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23237, Oct. 25, 2011> |
| (2) | The Nuclear Safety and Security Commission shall formulate guidelines for operating the national emergency radiological and medical center and primary and secondary radiation emergency medical institutions under Article 39 (2) of the Act, and shall notify such guidelines to the head of the national emergency radiological and medical center and the heads of primary and secondary radiation emergency medical institutions. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23237, Oct. 25, 2011> |
| (3) | The functions of the national emergency radiological and medical center, and of primary and secondary radiation emergency medical institutions; and the standards for designating primary and secondary radiation emergency medical institutions under Article 39 (3) of the Act shall be as prescribed in attached Table 4. |
| (4) | The national emergency radiological and medical center and primary and secondary radiation emergency medical institutions may provide a subsidy to help cover the following under Article 39 (3) of the Act: <Amended by Presidential Decree No. 25746, Nov. 19, 2014> |
| 1. | Expenses incurred in educating and training radiation emergency medical staff; |
| 2. | Costs of medical equipment and facilities for radiation emergency medical treatment and expenses incurred in operating and managing such equipment and facilities; |
| 3. | Expenses incurred in providing medical services in radiation emergencies. |
SECTION 3 Follow-Up Measures, etc.
| Article 37 (Implementation, etc. of Follow-Up Measures for Radiation Disasters) |
| (1) | The head of each Si/Gun/Gu, the head of each designated institution, each nuclear licensee, and the head of each institution responsible for managing radiation disasters under Article 42 (1) of the Act (excluding central administrative agencies; hereafter in this Article, referred to as "institution responsible for managing disasters") shall formulate follow-up measures, and shall submit such follow-up measures to the competent Mayor/Do Governor. |
| (2) | A Mayor/Do Governor shall integrate follow-up measures submitted under paragraph (1), formulate comprehensive follow-up measures against radiation disasters (hereafter in this Article, referred to as "comprehensive follow-up measures") after consulting with the Nuclear Safety and Security Commission thereon, and notify such comprehensive follow-up measures to the head of each Si/Gun/Gu, the head of each designated institution, each nuclear licensee, and the head of the institution responsible for managing disasters. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23237, Oct. 25, 2011> |
| (3) | Each Mayor/Do Governor, the head of each Si/Gun/Gu, the head of each designated institution, each nuclear licensee, and the head of each institution responsible for managing disasters shall implement the comprehensive follow-up measures notified under paragraph (2). |
| Article 38 (Composition and Operation of Investigative Committees) |
| (1) | An investigative committee organizable under Article 43 (1) of the Act (hereinafter referred to as "investigative committee") shall be comprised of between six and nine members, including one chairperson. |
| (2) | The person appointed by the Chairperson of the Nuclear Safety and Security Commission, from among public officials of the Nuclear Safety and Security Commission shall serve as the chairperson of an investigative committee; and the following persons shall serve as members of the committee: <Amended by Presidential Decree No. 19124, Nov. 11, 2005; Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23237, Oct. 25, 2011> |
| 1. | One person appointed by the Chairperson of the Nuclear Safety and Security Commission, from among members of the Nuclear Safety and Security Commission; |
| 2. | One public official appointed by the head of the relevant local government; |
| 3. | One executive or employee appointed by the relevant nuclear licensee, from among the executives and employees of the nuclear licensee; |
| 4. | Persons commissioned by the Chairperson of the Nuclear Safety and Security Commission, from among those with knowledge of and experience in radiation disasters. |
| (3) | Where the chairperson of an investigative committee deems it necessary, he/she shall convene an investigative committee meeting. |
| (4) | Allowances may be paid, and travel expenses may be reimbursed, to the members who attend an investigation committee meeting, within budgetary limits: Provided, That the foregoing shall not apply where a public official member attends a meeting in direct connection with any of his/her duties. |
CHAPTER IV SUPPLEMENTARY PROVISIONS
| Article 39 (Reporting and Inspection) |
| Article 40 (Entrustment of Duties) |
| (1) | The Nuclear Safety and Security Commission shall entrust the following duties to the Korea Institute of Nuclear Nonproliferation and Control, pursuant to Article 45 (1) of the Act: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23237, Oct. 25, 2011; Presidential Decree No. 23248, Oct. 25, 2011; Presidential Decree No. 25746, Nov. 19, 2014> |
| (2) | The Nuclear Safety and Security Commission shall entrust the following duties to the Korea Institute of Nuclear Safety, pursuant to Article 45 (1) of the Act: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23237, Oct. 25, 2011; Presidential Decree No. 25746, Nov. 19, 2014> |
| 3. | Assisting the evaluation of drills under Article 37 (4) of the Act (excluding matters concerning medical services in radiation emergencies); |
| 4. | Conducting inspections under Article 38 (1) of the Act (excluding matters concerning medical services in radiation emergencies). |
| (3) | The Nuclear Safety and Security Commission shall entrust the following duties to the Korea Institute of Radiological and Medical Sciences, pursuant to Article 45 (1) of the Act: <Newly Inserted by Presidential Decree No. 25746, Nov. 19, 2014> |
| 1. | Conducting examinations for approval under Article 20 (1) of the Act (limited to matters concerning medical services in radiation emergencies); |
| 2. | Assisting the evaluation of drills under Article 37 (4) of the Act (limited to matters concerning medical services in radiation emergencies); |
| 3. | Conducting inspections under Article 38 (1) of the Act (limited to matters concerning medical services in radiation emergencies). |
[This Article Wholly Amended by Presidential Decree No. 19583, Jun. 30, 2006]
| Article 40-2 (Guidelines, etc. for Calculating Chargable Expenses) |
| (1) | The guidelines for calculating expenses chargable under Article 45 (2) of the Act (hereafter in this Article and Article 40-3, referred to as "chargable expenses") to persons subject to examination, inspection, education, or evaluation under Article 45 (1) of the Act (hereafter in this Article and Article 40-3, referred to as "nuclear licensees, etc.") shall be as prescribed in attached Table 4-2. |
| (2) | The Nuclear Safety and Security Commission shall publicly announce the amount of chargable expenses calculated for the relevant year under paragraph (1), by not later than January 31 of the following year, clearly itemizing the calculation. |
| (3) | When the Nuclear Safety and Security Commission intends to amend the guidelines for calculating chargable expenses under paragraph (1), it shall have a prior consultation with the Minister of Trade, Industry and Energy thereon. |
[This Article Newly Inserted by Presidential Decree No. 26761, Dec. 22, 2015]
| Article 40-3 (Methods, Deadline, etc. for Payment of Chargable Expenses) |
| (1) | When the Nuclear Safety and Security Commission intends to collect chargable expenses under Article 45 (2) of the Act, it shall give notice of the amount to nuclear licensees, etc., clearly itemizing the calculation, the deadline for payment, and the place for payment. |
| (2) | Nuclear licensees, etc. shall pay chargable expenses by the relevant deadline, in any of the following manners: |
| 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) | Chargable expenses may be paid in cash or by credit card, debit card, or other similar means. |
| (4) | If a discrepancy arises in the amount of chargable expenses paid by nuclear licensees, etc. due to changes, cancellation, etc. of the relevant work, the Nuclear Safety and Security Commission shall settle and additionally collect or refund the chargable expenses, as determined and publicly announced by the Nuclear Safety and Security Commission. |
[This Article Newly Inserted by Presidential Decree No. 26761, Dec. 22, 2015]
| Article 41 (Use of Subsidies) |
| Article 42 (Guidelines for Imposing Administrative Fines) |
[This Article Wholly Amended by Presidential Decree No. 27208, May 31, 2016]
ADDENDA
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Application for Approval of Facilities, etc. for Physical Protection) Nuclear licensees who use nuclear facilities, etc. as at the time this Decree enters into force shall file an application for approval of facilities and equipment for physical protection; the operating systems of such facilities and equipment; and an emergency protection plan prescribed in Article 9 (1) 1 and 3 of the Act, with the Minister of Science and Technology, within three months after this Decree enters into force. |
| (3) | (Transitional Measures concerning Application for Approval of Radiation Emergency Plans) Nuclear licensees (excluding nuclear licensees falling under Article 2 (1) 10 (b) of the Act) who use nuclear facilities, etc. as at the time this Decree enters into force shall file an application for approval of the radiation emergency plan under Article 22 (1), with the Minister of Science and Technology, within three months after this Decree enters into force. |
ADDENDUM <Presidential Decree No. 18678, Jan. 15, 2005>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 19124, Nov. 11, 2005>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 19583, Jun. 30, 2006>
This Decree shall enter into force on July 1, 2006.
ADDENDA <Presidential Decree No. 19929, Mar. 16, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 27, 2007.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 20740, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22647, Jan. 28, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23237, Oct. 25, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 26, 2011.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 23248, Oct. 25, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 26, 2011.
Articles 2 through 4 Omitted.
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. 24760, Sep. 17, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 25028, Dec. 24, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning National Radioactive Disaster Prevention Plans)
The national radioactive disaster prevention plan formulated for the year 2014 before this Decree enters into force shall be deemed the national implementation plan for preventing radioactive disasters for the year 2014, under the amended provisions of Article 20-2. Article 3 (Transitional Measures concerning Formulation of Regional Radioactive Disaster Prevention Plans)
Notwithstanding the amended provisions of Article 21, the former provisions shall apply to formulating regional radioactive disaster prevention plans for the year 2014. In such cases, the plans shall be formulated in accordance with the national radioactive disaster prevention plan formulated for the year 2014, which shall be deemed the national implementation plan for preventing radioactive disasters for the year 2014, under Article 2 of the Addenda. Article 4 (Transitional Measures concerning Amendment of Requirements for Protection)
A person who is a nuclear licensee as at the time this Decree enters into force, but who fails to meet any of the requirements for protection under the amended provisions of attached Table 2, shall meet the requirements for protection under the amended provisions of attached Table 2 within one year from the date this Decree enters into force; and shall obtain approval for amending physical protection regulations, etc. from the Nuclear Safety and Security Commission: Provided, That with regard to the requirements for protection under the amended provisions of subparagraphs 1 (c) (vii) and 3 (m) of attached Table 2, such nuclear licensee shall meet such requirements within two years from the date this Decree enters into force; and shall obtain approval for amending physical protection regulations, etc. from the Nuclear Safety and Security Commission.
ADDENDA <Presidential Decree No. 25746, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 22, 2014.
Article 2 (Applicability to Radiation Emergency Drills)
The amended provisions of Article 35 shall enter into force on January 1, 2015; and the first radiation emergency drill under this Article shall be conducted by December 31, 2016.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of a Presidential Decree, promulgated before this Decree enters into force, but the date they enter into force has not yet arrived, from among the Presidential Decrees amended pursuant to Article 5 of the Addenda, shall enter into force on the date the relevant Presidential Decree enters into force, respectively.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26140, Mar. 11, 2015>
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. 26435, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 26761, Dec. 22, 2015>
This Decree shall enter into force on January 1, 2016.
ADDENDUM <Presidential Decree No. 27208, May 31, 2016>
This Decree shall enter into force on June 2, 2016.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That, from among the Presidential Decrees amended pursuant to Article 8 of the Addenda, the amendments to any Presidential Decree, which was promulgated before this Decree enters into force but the enforcement date of which has yet to arrive, shall enter into force on the enforcement date of the relevant Presidential Decree.
Articles 2 through 8 Omitted.