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

Ordinance of the Prime Minister No. 1027, jun. 21, 2013

Amended by Ordinance of the Prime Minister No. 1301, Jul. 15, 2016

Ordinance of the Prime Minister No. 1554, Jul. 16, 2019

 Article 1 (Purpose)
The purpose of this Rule is to prescribe matters mandated by the Act on Protective Action Guidelines against Radiation in the Natural Environment and the Enforcement Decree of the same Act and those necessary for the enforcement thereof.
 Article 2 (Registration of Handlers of Raw Materials or Residues and Manufacturers of Processed Products)
(1) The registration of a handler of raw materials or residues or a manufacturer of processed products under Article 9 (1) of the Act on Protective Action Guidelines against Radiation in the Natural Environment (hereinafter referred to as the "Act") shall be filed for each place of business. <Amended on Jul. 16, 2019>
(2) An application for registration under Article 9 (4) of the Act shall be prepared in attached Form 1. <Amended on Jul. 16, 2019>
(3) "Documents prescribed by Ordinance of the Prime Minister" in Article 9 (4) of the Act means the following documents: <Amended on Jul. 16, 2019>
1. A specification of raw materials or residues to be handled (including the types of materials, the quantities handled annually, and radioactive concentration);
2. A plan for distributing raw materials or residues to be handled (including matters regarding mining, exporting and importing, acquisition, sale, recycling, and the like);
3. Documents on the procedures for and methods of handling raw materials or residues;
4. A radiation safety plan for workers in handling raw materials or residues;
5. Documents regarding the types and model names of processed products, the types of raw materials or residues used for processed products, radioactive concentration, and volume of usage (limited to persons falling under Article 9 (1) 5 of the Act).
(4) Upon receipt of an application for registration under Article 9 (4) of the Act, the Nuclear Safety and Security Commission (referring to the Nuclear Safety and Security Commission under Article 3 of the Act on the Establishment and Operation of the Nuclear Safety and Security Commission; hereinafter the same shall apply) shall verify the applicant's business registration certificate through administrative data matching under Article 36 (1) of the Electronic Government Act: Provided, That If the applicant does not consent to the verification of his or her business registration certificate, he or she shall attach a copy of the document thereto. <Amended on Jul. 16, 2019>
(5) The Nuclear Safety and Security Commission shall issue a registration certificate of a handler or registered manufacturer in attached Form 2 to a person who has filed a registration under Article 9 (1) for falling under any of subparagraphs 1 through 4 of the same paragraph (hereinafter referred to as "handler") or a person who has filed a registration under the same paragraph for falling under subparagraph 5 of the same paragraph (hereinafter referred to as "registered manufacturer"). <Amended on Jul. 16, 2019>
[Title Amended on Jul. 17, 2019]
 Article 3 (Reporting on Registration Changes of Handlers and Registered Manufacturers)
(1) A person who intends to file a report on change of registered matters under Article 9 (3) of the Act shall file the report in attached Form 3 with the Nuclear Safety and Security Commission, together with the following documents: <Amended on Jul. 16, 2019>
1. A description of the changes in the registered matters (including a comparison table before and after the change);
2. Documents evidencing the changed matters;
3. A registration certificate of the handler or registered manufacturer.
[Title Amended on Jul. 17, 2019]
 Article 4 (Reporting on Succession to Status of Handlers and Registered Manufacturers)
A person who intends to file a report on succession to status under Article 10 (3) of the Act shall file the report in attached Form 3 with the Nuclear Safety and Security Commission, together with the following documents: <Amended on Jul. 16, 2019>
1. Documents evidencing the succession to status;
2. A registration certificate of the handler or registered manufacturer.
[Title Amended on Jul. 17, 2019]
 Article 5 (Export and Import Declaration on Raw Materials, Residues, and Processed Products)
A person who intends to file an export and import declaration on raw materials, residues, or processed products under Article 11 (1) of the Act shall submit a declaration in attached Form 4 to the Nuclear Safety and Security Commission. <Amended on Jul. 16, 2019>
[Title Amended on Jul. 17, 2019]
 Article 6 (Recording, Retention, and Reporting)
Standards for recording, retaining, reporting, etc. of the distribution status and medical examination results, etc. under Article 12 (1) of the Act shall be as specified in the attached Table. <Amended on Jul. 16, 2019>
[Title Amended on Jul. 16, 2019]
 Article 7 (Handling, Disposal, or Recycling of Residues)
A handler who intends to file a report on the handling, disposal, or recycling of residues pursuant to Article 13 (1) of the Act shall file the report in attached Form 5 with the Nuclear Safety and Security Commission, together with the following documents:
1. The types, quantities, and radioactivity concentrations of residues to be handled, disposed, or recycled;
2. Methods of, procedures for, and uses of handling, disposal, or recycling.
 Article 7-2 (Medical Examinations)
(1) “Medical examination prescribed by Ordinance of the Prime Minister” in Article 5-2 (3) 2 of the Decree means the following:
1. Pre-placement medical examinations regarding radiation hazards under the main clause, with the exception of the subparagraphs, of Article 99 (4) of the Enforcement Rule of the Occupational Safety and Health Act (applicable to cases falling under Article 5-2 (1) 1 of the Decree);
2. Special medical examinations regarding radiation hazards (applicable to cases falling under Article 5-2 (1) 2 and 3 of the Decree) under the main clause, with the exception of the subparagraphs, of Article 99 (2) of the Enforcement Rule of the Occupational Safety and Health Act.
(2) Medical examination results under Article 5-2 of the Decree shall be as specified in attached Form 5-2.
[This Article Newly Inserted on Jul. 16, 2019]
 Article 8 (Reporting on Results of Measures Taken against Defective Processed Products)
(1) Where a person who manufactures, exports, or imports processed products (hereinafter referred to as "manufacturer") takes measures against products that fail to meet the safety standards for processed products under Article 15 (1) of the Act or those falling under the subparagraphs of paragraph (2) of the same Article (hereinafter referred to as "defect processed products"), he or she shall file with the Nuclear Safety and Security Commission a report specifying the following matters: <Amended on Jul. 16, 2019>
1. The results of measures taken (including the period of, and quantities affected by, the measures) such as supplementation, exchange, recall, and scrapping of defective processed products, by type and by model;
2. The reasons for discrepancies if there are discrepancies between the results of measures taken under subparagraph 1 and the plan for measures reported to the Nuclear Safety and Security Commission pursuant to Article 7 (1) of the Decree;
3. Deleted; <Jul. 16, 2019>
4. Deleted; <Jul. 16, 2019>
5. Measures to prevent recurrence.
(2) Where the Nuclear Safety and Security Commission deems that the measures taken pursuant to paragraph (1) are insufficient, it may order a manufacturer to supplement them.
[Title Amended on Jul. 16, 2019]
 Article 8-2 (Criteria for Operating and Managing Monitors and Orders to Take Measures)
(1) Criteria for operating and managing monitors under Article 20-2 (1) of the Act shall be as follows:
1. Persons in charge of the duties of installing and operating monitors under Article 12 (3) of the Enforcement Decree of the Act on Protective Action Guidelines against Radiation in the Natural Environment (hereinafter referred to as the "Decree") shall be appointed for each duty;
2. An ordinary inspection shall be conducted regarding the monitors, and inspection results shall be recorded and retained;
3. The methods of and procedures for inspecting and managing the monitors shall be in writing;
4. Any failure, breakage, or relocation of a monitor shall be reported without delay to the Nuclear Safety and Security Commission. In such cases, a person handling recyclable scrap metal shall also report a plan to monitor radiation or radioactivity in lieu of the relevant monitor and a plan to repair the monitor.
(2) Upon receipt of an order to take measures from the Nuclear Safety and Security Commission pursuant to Article 20-2 (2) of the Act, a business entity shall formulate a plan for taking measures, including the following matters, and notify the Commission of such plan within five days from the date he or she receives the order, and shall take measures under subparagraphs 1 and 3 within the period of such measures:
1. Details and methods of the measures;
2. The period of the measures;
3. A plan to monitor radiation or radioactivity during the period of the measures.
[This Article Newly Inserted on Jul. 15, 2016]
 Article 9 (Matters to be Reported upon Detecting Suspected Substance)
Matters to be reported under Article 21 (1) 6 of the Act shall be as follows: <Amended on Jul. 15, 2016>
1. The quantities and form of the suspected substance (referring to the suspected substance under the main clause, with the exception of the subparagraphs, of Article 21 (1) of the Act);
2. Matters regarding transportation of the suspected substances, such as the plate number of vehicles transporting the suspected substances and information on their drivers;
3. Deleted; <Jul. 15, 2016>
4. Deleted; <Jul. 15, 2016>
5. Deleted. <Jul. 15, 2016>
 Article 10 (Investigation of and Analysis on Suspected Substances)
In principle, an investigation and analysis under Article 21 (2) of the Act shall be conducted to examine compliance, but if necessary, an unpacking examination may be conducted with the consent of the owner of the suspected substance.
 Article 11 (Designation of Institutions Specializing in Radiation in Natural Environment)
(1) “Written application and supplementary document specified by Ordinance of the Prime Minister” in Article 27 (3) of the Act shall be as follows: <Amended on Jul. 15, 2016>
1. An application including the name of the institution and the scope of affairs applied for;
2. A business plan;
3. The articles of incorporation;
4. A description on the general current status, such as the objectives of the establishment, functions, organizational structure, status of personnel, track records in safety management, and the like;
5. Documents regarding facilities, equipment, and personnel under Article 15 of the Decree.
(2) Where the Nuclear Safety and Security Commission designates an institution specializing in radiation in the natural environment (hereinafter referred to as "specialized institution") pursuant to Article 27 (1) of the Act, it may determine and designate the scope of affairs performed by the relevant specialized institution.
(3) When the Nuclear Safety and Security Commission designates a specialized institution pursuant to Article 27 (1) of the Act, it shall make a public announcement on the name, location, contact information, scope of business, and the date of commencement of the business, of the specialized institution as well as and other necessary matters.
ADDENDA <Ordinance of the Prime Minister No. 1027, Jun. 21, 2013>
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
Article 2 (General Transitional Measures)
Any disposition, procedures, or other acts performed under Rules of the Nuclear Safety and Security Commission as mandated by the previous Act as at the time this Rule enters into force shall be deemed to have been performed under the corresponding provisions of this Rule.
ADDENDUM <Ordinance of the Prime Minister No. 1301, Jul. 15, 2016>
This Rule shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance of the Prime Minister No. 1554, Jul. 16, 2019>
This Rule shall enter into force on July 16, 2019.