ENFORCEMENT DECREE OF THE RADIATION AND RADIOISOTOPE USE PROMOTION ACT
Presidential Decree No. 18012, jun. 25, 2003
Amended by Presidential Decree No. 20740, Feb. 29, 2008
Presidential Decree No. 23249, Oct. 25, 2011
Presidential Decree No. 24423, Mar. 23, 2013
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 28210, Jul. 26, 2017
Presidential Decree No. 30509, Mar. 3, 2020
Presidential Decree No. 32152, Nov. 30, 2021
| Article 2 (Establishment of Plans for Promotion of Use of Radiation, etc.) |
When a plan to promote the use of radiation, etc. under Article 3 of the Radiation and Radioisotope Use Promotion Act (hereinafter referred to as the "Act") is established, the Minister of Science and ICT shall refer it to the Specialized Committee on Use and Development of Nuclear Energy under Article 4 of the Enforcement Decree of the Nuclear Energy Act (hereinafter referred to as the "Specialized Committee on Use and Development of Nuclear Energy") for deliberation. <Amended on Feb. 29, 2008; Oct. 25, 2011; Mar. 23, 2013; Dec. 30, 2016; Jul. 26, 2017>
| Article 3 (Establishment and Implementation of Annual Implementation Plans) |
| (1) | In order to establish annual implementation plans under Article 4 of the Act, the Minister of Science and ICT shall determine guidelines for establishment of annual implementation plans (hereinafter referred to as "guidelines for establishment of implementation plans") for the following year and notify them to the heads of the relevant central administrative agencies by no later than October 31 each year. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017> |
| (2) | In accordance with guidelines for establishment of implementation plans notified under paragraph (1), the heads of the relevant central administrative agencies shall submit promotion plans for the relevant year and the performance record of the previous year relating to the affairs under their jurisdiction to the Minister of Science and ICT by no later than January 31 each year. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017> |
| (3) | The Minister of Science and ICT shall establish an annual implementation plan after taking into account all the promotion plans for the relevant year and performance records of the previous year submitted by the heads of the relevant central administrative agencies under paragraph (2), and shall notify it to the heads of the relevant central administrative agencies by no later than the end of February each year. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017> |
| (4) | When an annual implementation plan is established under paragraph (3), the Minister of Science and ICT shall refer it to the Specialized Committee on Use and Development of Nuclear Energy for deliberation. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017> |
| Article 4 (Designation of Primary Research Institute and Institute of Information Management) |
| (1) | An institute eligible to be designated as a primary research institute under Article 11 (1) of the Act (hereinafter referred to as "primary research institute") or as an institute of information management institute under Article 11 (2) of the Act (hereinafter referred to as "institute of information management") shall be as follows: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Nov. 30, 2021> |
| 1. | An association established after obtaining authorization from the Minister of Science and ICT under Article 14 (1) of the Act; |
| 4. | A research institute under any subparagraph of Article 3 of the Enforcement Decree of the Support of Specific Research Institutes Act; |
| 5. | A national or public research institute. |
| (2) | In designating a primary research institute, the Minister of Science and ICT shall examine whether the following requirements are met: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017> |
| 1. | It shall have records of research referred to in Article 11 (1) of the Act and secured human resources and facilities necessary for the performance of research; |
| 2. | It shall have experience in preparing plans for research and development projects, evaluating outcomes of research, and managing research projects; |
| 3. | It shall have human resources and facilities appropriate for the maintenance and development of close mutual cooperative system among academic, research and industrial circles. |
| (3) | In designating an institute of information management, the Minister of Science and ICT shall evaluate whether the following requirements are met: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017> |
| 1. | It shall have experience in collecting, analyzing and processing relevant information, such as technology trend of radiation etc. in Korea and abroad, and in construction of database, etc.; |
| 2. | It shall be capable of building and operating a computer network for the prompt and precise dissemination and distribution of processed information. |
| (4) | Upon designating a primary research institute or an institute of information management, the Minister of Science and ICT shall publish an announcement of such fact in the Official Gazette. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017> |
| (5) | The head of a primary research institute or the head of an institute of information management shall submit a performance record of the previous year and a plan for the relevant year regarding the affairs of the research and information management related to the radiation, etc. to the Minister of Science and ICT by no later than January 31 each year. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017> |
| (6) | Detailed matters necessary for the designation of primary research institutes and institutes of information management under paragraph (1) and the performance of their duties shall be separately prescribed by the Minister of Science and ICT. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017> |
| Article 5 (Application for Establishment of Association and Cooperative) |
| (1) | A person who intends to obtain authorization for the establishment of an association under Article 14 of the Act shall submit an application, along with the following documents to the Minister of Science and ICT: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017> |
| 1. | A copy of documents stating the name, address and profile of a person who intends to obtain authorization for the establishment (in cases of a corporation, the name, articles of incorporation, location of the main office of the corporation, and the name, address and recent business activities of the representative); |
| 2. | A copy of its prospectus; |
| 3. | A copy of its articles of association; |
| 4. | A copy of certificates on real estates, savings, securities and other major property, issued by registration offices, banks, etc.; |
| 5. | A copy of a business plan and budgetary documents of income and expenses as of the due date of business commencement and for the relevant business year in which the business commences; |
| 6. | A copy of the minutes of inaugural general meeting and the list of names and addresses of persons who intend to be members; |
| 7. | A statement of planned collection of membership fees or applications for donations. |
| (2) | A person who intends to obtain authorization for the establishment of a mutual aid cooperative (hereinafter referred to as a "Cooperative") under Article 15 of the Act shall submit documents referred to in paragraph (1) 1 through 5 along with the following documents as at the time he or she files an application for the authorization for establishment with the Minister of Science and ICT: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017> |
| 2. | A copy of the minutes of inaugural general meeting and the list of the names and addresses of persons who intend to be Cooperative members (where it is impractical to prepare a list, a document stating the total number of Cooperative members); |
| 3. | A copy of a statement of planned contributions or applications for donations. |
| (3) | Where the details of the application for authorization for the establishment under paragraph (1) or (2) meet the following requirements, the Minister of Science and ICT shall authorize an association or a Cooperative: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017> |
| 1. | Business objectives shall be deemed specific and feasible; |
| 2. | Business objectives shall be deemed attainable on the basis of incomes from such sources as membership fees, contributions, etc.; |
| 3. | Business objectives shall be deemed to maintain and promote public interests. |
| (4) | Detailed matters necessary for the affairs related to the establishment of the association or the Cooperative under paragraph (1) or (2) shall be separately prescribed by the Minister of Science and ICT. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017> |
| Article 6 (Contribution of Cooperative) |
| (1) | Contributions of the Cooperative shall be the aggregate of nominal values of total number of contribution accounts of Cooperative members. |
| (2) | The Cooperative shall issue contribution certificates as prescribed by its articles of association and deliver them to contributors. |
| (3) | The amount of one contribution account shall be the same. |
| (4) | Cooperative members shall pay the whole amount of contributions in cash, and the contributions shall not be offset by the claims against the cooperative. |
| (5) | Responsibility of a Cooperative member shall be limited to the amount of his or her share of contributions. |
| (6) | The amount of one contribution account and other necessary matters concerning contribution shall be prescribed by the articles of association. |
| Article 7 (Transfer and Acquisition of Shares of Cooperative Members) |
| (1) | A Cooperative member may transfer his or her share to another Cooperative member or a person who intends to be a Cooperative member. In such cases, a transferee of the shares shall succeed to the rights and obligations of a transferor. |
| (2) | When it is necessary for the Cooperative to exercise its security right against a Cooperative member, it may acquire and dispose of such member's share. |
| (3) | A Cooperative member's share may not become the object of its pledge right except for cases where it is provided as collateral for a debt. |
| Article 8 (Limit of Guarantee) |
| (1) | The upper limit of guarantee that can be provided by the Cooperative shall be 40 times the aggregate of total contributions and reserves of the mutual aid cooperative. In such cases, if the guarantee is ensured by a guarantee or insurance of an institution specified in each subparagraph of Article 38 of the Act on the Establishment of Financial Services Commission, the relevant amount shall not be included in the upper limit of the guarantee. <Amended on Nov. 30, 2021> |
| (2) | The limit of amount that the Cooperative is eligible to provide guarantee or loan to one person shall be prescribed by its articles of association. |
| Article 9 (Guarantee Fees of Cooperative) |
Guarantee fees, mutual aid premiums, interest on loans, bill discounting rate, and fees for use of facilities for common use under Article 15 (5) of the Act shall be prescribed by articles of association, taking the following matters into consideration: | 1. | Guarantee Fees: Total amount of contributions and share, type and limit of the guarantee, and credit rating; |
| 2. | Interest on loans: Type and amount of loan fund, and period and conditions of loan; |
| 3. | Bill discounting rate: Object and type of the claim of bill, and payment period; |
| 4. | Fees for use of facilities for common use: Expenses incurred in relation to installation and operation of facilities, and depreciation costs thereof; |
| 5. | Mutual aid premiums: Object and type of mutual aid, period of mutual aid, and loss ratio. |
| Article 10 (Entrustment of Cooperative Affairs) |
| Article 11 (General Meetings of Cooperative) |
| (1) | The Cooperative shall have general meetings and the board of directors as prescribed by its articles of association. |
| (2) | A Cooperative member shall have one voting right per each contribution account: Provided, That the Cooperative that obtains shares under Article 7 (2) shall be prohibited from exercising the voting right and suffrage of the shares acquired. |
| Article 12 (Application for Authorization of Amendment of Articles of Association or Mutual Aid Regulations) |
The mutual aid cooperative or the Association related to radiation, etc. that intends to obtain authorization of the amendment to its mutual aid regulation or the articles of association under Article 16 or 18 of the Act shall submit to the Minister of Science and ICT the following documents, at the time of filing an application for authorization of the amendment: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Nov. 30, 2021> | 1. | A copy of mutual aid regulations or articles of association; |
| 2. | A copy of a statement of reasons for amendment of mutual aid regulations or of articles of association; |
| 3. | A copy of minutes of general meetings relating to the amendment of mutual aid regulations or of articles of association. |
| Article 13 (Entrustment of Affairs) |
| (1) | The Minister of Science and ICT may entrust the following affairs to the Association related to radiation, etc., pursuant to Article 22 of the Act: |
| 1. | The duties of the Minister of Science and ICT among the following affairs: |
| (a) | Affairs necessary for supporting the activities of developing radiation technology, etc. under Article 7 of the Act; |
| (b) | Affairs necessary for supporting the industrial enterprises related to radiation, etc. under Article 8 of the Act; |
| (c) | Affairs related to supporting the preparation of a testing system for products related to radiation, etc. under Article 9 of the Act; |
| (d) | Affairs necessary for developing an industrial complex related to radiation, etc. and supporting for such development under Article 12 of the Act; |
| 2. | Affairs related to the management and distribution of information on radiation, etc. under subparagraphs 1 and 2 of Article 10 of the Act; |
| 3. | Affairs related to a fact-finding survey on the industries using radiation, etc. under Article 13 of the Act. |
| (2) | Where the Minister of Science and ICT entrusts his or her affairs to the Association related to radiation, etc. pursuant to paragraph (1), he or she shall give public notice of the fact of entrustment and details of the affairs entrusted in the Official Gazette. |
[This Article Wholly Amended on Nov. 30, 2021]
| Article 14 (Operational Rule of Association Related to Radiation and Cooperatives) |
Matters which are not prescribed in this Decree concerning the operation of the Association related to radiation, etc. or the Cooperative or which are necessary for the implementation of the matters prescribed in this Decree shall be prescribed by the articles of association. <Amended on Nov. 30, 2021>
[Title Amended on Nov. 30, 2021]
| Article 15 Deleted. <Mar. 3, 2020> |
ADDENDA <Presidential Decree No. 18012, Jun. 25, 2003>
This Decree shall enter into force on June 27, 2003
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. 23249, Oct. 25, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 26, 2011
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 24423, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 28210, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 30509, Mar. 3, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 32152, Nov. 30, 2021>
This Decree shall enter into force on the date of its promulgation.