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
Presidential Decree No. 30352, Jan. 14, 2020
Presidential Decree No. 31349, Dec. 31, 2020
Presidential Decree No. 31380, Jan. 5, 2021
Presidential Decree No. 31761, jun. 8, 2021
CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to prescribe matters delegated by the Act on Measures for the Protection of Nuclear Facilities, etc. and Prevention of Radiation Disasters; and matters necessary for enforcing said Act. <Amended on Nov. 11, 2005; May 31, 2016>
| (1) | The terms used in this Decree shall be defined as follows: <Amended on Nov. 11, 2005; 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 on Nov. 11, 2005; 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 on Nov. 11, 2005; 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. <Nov. 19, 2014> |
| Article 6 (Other Nuclear Licensees) |
"Persons determined by Presidential Decree" in Article 2 (1) 10 (j) 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 on Nov. 11, 2005; Oct. 25, 2011; Jun. 8, 2021>
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 on Dec. 24, 2013; 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 on Feb. 29, 2008; Oct. 25, 2011; 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 on Dec. 24, 2013; 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 on Nov. 11, 2005; Mar. 16, 2007; Feb. 29, 2008; Jan. 28, 2011; Oct. 25, 2011; Sep. 17, 2013; Dec. 24, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 31, 2020> |
| 1. | A City/Do police agency or police station having jurisdiction over all or part of a radiological emergency planning zone; |
| 2. | The National 119 Rescue Headquarters; |
| 3. | The Fire Department or Fire Station having jurisdiction over all or part of a radiological emergency planning zone; |
| 4. | The Office of Education having jurisdiction over all or part of a radiological emergency planning zone; |
| 5. | The Coast Guard Station having jurisdiction over all or part of a radiological emergency planning zone; |
| 6. | The Regional Meteorological Office having jurisdiction over all or part of a radiological emergency planning zone; |
| 7. | The Public Health Clinic having jurisdiction over all or part of a radiological 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 radiological 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 on Feb. 29, 2008; Oct. 25, 2011; 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 on Jan. 15, 2005; Oct. 25, 2011; Mar. 23, 2013; 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. <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 on Feb. 29, 2008; 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. <Amended on Jan. 5, 2021> |
| (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 on Jun. 12, 2006; Feb. 29, 2008; Oct. 25, 2011; 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 on Nov. 11, 2005; 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 on Nov. 19, 2014; 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 on Nov. 19, 2014; 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 on 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 on 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 on 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 on 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 on Feb. 29, 2008; Oct. 25, 2011; 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 on Feb. 29, 2008; Oct. 25, 2011; 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 35 of the Regulations on Security Work. <Amended on Nov. 11, 2005; Feb. 29, 2008; Oct. 25, 2011; May 31, 2016; Jan. 14, 2020> |
| 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 initial 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) | Deleted. <Jun. 8, 2021> |
[This Article Newly Inserted on Nov. 19, 2014]
| Article 17-3 (Designation of Education Institutions for Physical Protection) |
| (1) | The standards for designating education institutions under Article 9-2 (2) of the Act (hereinafter referred to as "education institution") are as follows: |
| 1. | Educational facilities large enough to accommodate all the persons who receive education; |
| 2. | Equipment related to physical protection, required for practical training, such as intrusion detection equipment and security search equipment; |
| 3. | Employing any of the following persons as an instructor: |
| (a) | A person with a license or a qualification certificate in a field related to physical protection; |
| (b) | A person with a doctorate degree in a field related to physical protection; |
| (c) | A person with at least three-year's work experience in a field related to physical protection; |
| (d) | A person with at least three-year's work experience in a research institute or specialized institution related to physical protection; |
| 4. | Establishing time-and content-based education procedures or regulations for each person who receives education. |
| (2) | A person who intends to be designated as an education institution shall prepare an application for designation as an education institution prescribed by Ordinance of the Prime Minister and submit it to the Nuclear Safety and Security Commission. |
| (3) | Where a person who submits an application under paragraph (2) is a corporation, the Nuclear Safety and Security Commission shall verify the applicant's corporation registration certificate through administrative data matching under Article 36 (1) of the Electronic Government Act. |
| (4) | Except as provided in paragraphs (1) through (3), details necessary for the designation and operation of education institutions shall be determined and publicly notified by the Nuclear Safety and Security Commission. |
[This Article Newly Inserted on Jun. 8, 2021]
| Article 17-4 (Revocation of Education Institutions for Physical Protection) |
| 1. | Where an education institution has been designated by fraud or other improper means; |
| 2. | Where an education institution fails to meet the designation standards under the subparagraphs of Article 17-3 (1); |
| 3. | Where an education institution has no records to provide educational services for one year or more without good cause; |
| 4. | Where an education institution abandons the provision of educational services. |
[This Article Newly Inserted on Jun. 8, 2021]
| (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 on Feb. 29, 2008; Oct. 25, 2011; Nov. 19, 2014; Jun. 8, 2021> |
| 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 following nuclear materials: |
| (a) | Nuclear materials intended to be transported from a place of business to another place of business; |
| (b) | Nuclear materials intended to be transported from a place of business to a domestic port or airport for the purpose of export; |
| (c) | Nuclear materials intended to be transported from a domestic port or airport to a place of business for the purpose of importation; |
| 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 35 or 38 of the Regulations on Security Work. <Amended on Nov. 11, 2005; Feb. 29, 2008; Oct. 25, 2011; Nov. 19, 2014; Mar. 11, 2015; Jan. 14, 2020> |
| (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 on Nov. 11, 2005; 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 on Feb. 29, 2008; 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 on Feb. 29, 2008; Oct. 25, 2011> |
| Article 18-2 (Application for Approval of International Transport Protection Plan) |
| (1) | A person who intends to obtain approval of an international transport protection plan under the main clause of Article 13 (2) of the Act (hereinafter referred to as "international transport protection plan") shall submit to the Nuclear Safety and Security Commission an application for approval of the international transport protection plan, along with relevant documents, by the following deadline, as prescribed by Ordinance of the Prime Minister: |
| 1. | Where nuclear materials are intended to be transported internationally for the purpose of export: 90 days prior to departure from a domestic port or airport; |
| 2. | Where nuclear materials are intended to be transported internationally for the purpose of importation: 30 days prior to departure from the port or airport of the exporting country; |
| 3. | Where a ship or aircraft laden with nuclear materials intends to enter a domestic port or airport for transit or transshipment: 30 days prior to departure from the port or airport of the country where shipment is made. |
| (2) | A person who intends to obtain approval for a modification of a previously approved international transport protection plan under the main clause of Article 13 (2) of the Act shall submit to the Nuclear Safety and Security Commission an application for approval for a modification of the international transport protection plan, along with relevant documents, as prescribed by Ordinance of the Prime Minister. |
[This Article Newly Inserted on Jun. 8, 2021]
| Article 18-3 (Inspection of International Transport Protection) |
| (1) | Where an international transporter referred to in Article 13-2 (1) of the Act intends to undergo an inspection regarding the international transport protection of nuclear materials, he/she shall submit to the Nuclear Safety and Security Commission an application for inspection of international transport protection, along with relevant documents by the following deadline, as prescribed by Ordinance of the Prime Minister: |
| 1. | Where nuclear materials are intended to be transported internationally for the purpose of export: 14 days prior to departure from a domestic port or airport; |
| 2. | Where nuclear materials are intended to be transported internationally for the purpose of importation: 14 days prior to entry into the territory of the Republic of Korea; |
| 3. | Where a ship or aircraft laden with nuclear materials intends to enter a domestic port or airport for transit or transshipment: 14 days prior to entry into the territory of the Republic of Korea. |
| (2) | Details regarding inspection methods, etc. under paragraph (1) shall be determined and publicly notified by the Nuclear Safety and Security Commission. |
[This Article Newly Inserted on Jun. 8, 2021]
CHAPTER III MEASURES FOR PREVENTING RADIATION DISASTERS
SECTION 1 Systems for Managing and Responding to Radiation Disasters
| Article 19 (Standards, etc. for Types of Radiological Emergencies) |
The standards for the types of radiological emergencies under Article 17 (2) of the Act and the procedures for responding to each type of radiological emergency shall be as prescribed in attached Table 3.
| Article 20 (Formulation of National Radiological Emergency Plans) |
| (1) | The national radiological emergency plan under Article 18 (1) of the Act (hereinafter referred to as the "national radiological emergency plan") shall be formulated every five years. |
| 1. | The policy objectives on radiological 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 on Dec. 24, 2013]
| Article 20-2 (Formulation of National Radiological Emergency Action Plan) |
| (1) | The Nuclear Safety and Security Commission shall formulate an annual action plan based on the national radiological emergency plan (hereinafter referred to as "national radiological emergency action plan"). |
[This Article Newly Inserted on Dec. 24, 2013]
| Article 21 (Formulation of Local Radiological Emergency Plans) |
| (1) | The Nuclear Safety and Security Commission shall prepare guidelines for formulating local radiological emergency plan under Article 19 (1) of the Act (hereinafter referred to as "local radiological emergency plan"), based on the national radiological emergency plan and the national radiological emergency action plan, 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 radiological emergency planning zone, along with the national radiological emergency action plan. <Amended on 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 radiological emergency planning zone, formulates a local radiological emergency plan pursuant to Article 19 (1) of the Act, he/she shall follow the guidelines for formulating the national radiological emergency plan, the national radiological emergency action plan, and the local radiological emergency 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 radiological emergency planning zone, shall submit the local radiological emergency plan formulated pursuant to paragraphs (3) to the Nuclear Safety and Security Commission, without delay. |
[This Article Wholly Amended on Dec. 24, 2013]
| Article 22 (Application for Approval of Radiological Emergency Plans) |
| (1) | Each nuclear licensee shall formulate a radiological emergency plan (hereinafter referred to "radiological 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 on Feb. 29, 2008; Oct. 25, 2011> |
| 1. | Matters regarding the radiological 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 radiological 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 radiological 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 on Feb. 29, 2008; Oct. 25, 2011> |
| Article 22-2 (Procedures, etc. for Consulting on Radiological Emergency Planning Zones) |
| (1) | When the Nuclear Safety and Security Commission publicly announces an area on which the establishment of a radiological 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 radiological 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 radiological 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 on Nov. 19, 2014]
| Article 23 (Small Nuclear Licensees) |
"Small nuclear licensees determined by Presidential Decree" in the proviso, with the exception of the subparagraphs, of Articles 21 (1) and 35 (1) means the following: <Amended on Nov. 11, 2005; Oct. 25, 2011; Jun. 8, 2021> | 1. | A nuclear licensee who falls under Article 2 (1) 10 (c) and (d) 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 (f) 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 (g) 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 (h) 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 (i) 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 on 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 on Feb. 29, 2008; 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 the National Committee) |
"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 on 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 National Emergency Management Committee established under Article 25 (1) of the Act (hereinafter referred to as the "National Committee") to take emergency measures to respond to a radiation disaster. |
| Article 28 (Operation of National Committee) |
| (1) | The head of the National Committee (hereinafter referred to as the "director of the National Committee") shall represent the National Committee and shall exert overall control over all business affairs of the National Committee. |
| (2) | If the director of the National Committee 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 National Committee specified in Article 25 (2) of the Act. |
| (3) | The following measures shall be subject to a resolution at a meeting of the National Committee under paragraph (2): <Amended on Jan. 5, 2021> |
| 1. | Emergency measures to be taken in the area where a radiation disaster occurs; |
| 2. | Emergency aid for protecting residents; |
| 3. | Other matters the director of the National Committee deems necessary to take emergency measures to respond to a radiation disaster and tables at the meeting for discussion. |
| Article 29 (Composition, Operation, etc. of Local Centers) |
| (1) | Two deputy-heads to assist the head of a local center shall be assigned to a City/Do or Si/Gun/Gu emergency management center under Article 27 (1) of the Act (hereinafter referred to as "local center"); 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 local emergency management center (hereinafter referred to as the "director of the local center"). |
| (2) | Members shall be assigned to a local center; as appointed by the director of the local center, from among the public officials of the relevant local government, and as dispatched by designated institutions. |
| (3) | The director of each local center shall pre-determine the composition of the local center based upon the type of radiological emergency under Article 19. |
| (4) | The director of each local center 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 local centers shall be determined by the director of the local center having jurisdiction over the relevant area. |
| Article 30 (Composition, Operation, etc. of Off-Site Management Centers) |
| (1) | "Other nuclear facilities determined by Presidential Decree" in Article 28 (1) of the Act means the following: <Amended on 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 on Nov. 11, 2005; Feb. 29, 2008; Mar. 15, 2010; Oct. 25, 2011; Mar. 23, 2013; Dec. 24, 2013; Nov. 19, 2014; 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 radiological emergency planning zone; |
| 15. | The Si/Gun/Gu having jurisdiction over all or part of a radiological emergency planning zone; |
| 16. | Designated institutions. |
| (3) | The head of an Off-Site Emergency Management Center established under Article 28 (1) of the Act (hereinafter referred to as "Off-Site Management 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 Off-Site Management 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 Off-Site Management Center begins to operate.
| Article 32 (Off-Site Emergency Management Center Advisory Committee) |
The head of the Off-Site Emergency Management Center Advisory Committee referred to in Article 30 (1) of the Act shall serve as the head of an Off-Site Management Center; and council members shall be appointed by the head of the Off-Site Management Center for each field, from among public officials, executives, and employees dispatched to the Off-Site Management 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 on 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, radiological emergency medical services, protection of residents, etc. <Amended on Feb. 29, 2008; Oct. 25, 2011; 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 on Feb. 29, 2008; Oct. 25, 2011; Mar. 23, 2013; 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 radiological emergency medical institution, having jurisdiction over all or part of a radiological emergency planning zone, designates radioactivity prevention personnel or radiological emergency medical personnel pursuant to Article 36 (1) of the Act, he/she shall submit the list of personnel to the Nuclear Safety and Security Commission. The same shall also apply where any member of such personnel is replaced. <Amended on Feb. 29, 2008; Oct. 25, 2011> |
| (2) | A Mayor/Do Governor or the head of a Si/Gun/Gu having jurisdiction over all or part of a radiological 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 on Feb. 29, 2008; Oct. 25, 2011; 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, 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 radiological emergency planning zone; the heads of the designated institutions; and relevant nuclear licensees. <Amended on Feb. 10, 2008; Oct. 11, 2011; Nov. 1, 2014; Jan. 5, 2021> |
| (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 on 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 on 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 on Nov. 19, 2014> |
| Article 36 (Establishment, etc. of National Radiological Emergency Medical Systems) |
| (1) | If the Nuclear Safety and Security Commission deems it necessary for establishing a national radiological emergency 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 on Feb. 29, 2008; Oct. 25, 2011> |
| (2) | The Nuclear Safety and Security Commission shall formulate guidelines for operating the National Radiation Emergency Medical Center and primary and secondary radiological emergency medical institutions under Article 39 (2) of the Act, and shall notify such guidelines to the head of the National Radiation Emergency Medical Center and the heads of primary and secondary radiological emergency medical institutions. <Amended on Feb. 29, 2008; Oct. 25, 2011> |
| (3) | The functions of the National Radiation Emergency Medical Center, and of primary and secondary radiological emergency medical institutions; and the standards for designating primary and secondary radiological emergency medical institutions under Article 39 (3) of the Act shall be as prescribed in attached Table 4. |
| (4) | The National Radiation Emergency Medical Center and primary and secondary radiological emergency medical institutions may provide a subsidy to help cover the following under Article 39 (3) of the Act: <Amended on Nov. 19, 2014> |
| 1. | Expenses incurred in educating and training radiological emergency medical personnel; |
| 2. | Costs of medical equipment and facilities for radiological emergency medical services and expenses incurred in operating and managing such equipment and facilities; |
| 3. | Expenses incurred in providing medical services in radiological 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 on Feb. 29, 2008; 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 on Nov. 11, 2005; Feb. 29, 2008; 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 on Feb. 29, 2008; Oct. 25, 2011; Oct. 25, 2011; Nov. 19, 2014; Jun. 8, 2021> |
| (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 on Feb. 29, 2008; Oct. 25, 2011; Nov. 19, 2014; Jun. 8, 2021> |
| 3. | Assisting the evaluation of drills under Article 37 (4) of the Act (excluding matters concerning radiological emergency medical services); |
| 4. | Conducting inspections under Article 38 (1) of the Act (excluding matters concerning radiological emergency medical services). |
| (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 on Nov. 19, 2014> |
| 1. | Conducting examinations for approval under Article 20 (1) of the Act (limited to matters concerning radiological emergency medical services); |
| 2. | Assisting the evaluation of drills under Article 37 (4) of the Act (limited to matters concerning radiological emergency medical services); |
| 3. | Conducting inspections under Article 38 (1) of the Act (limited to matters concerning radiological emergency medical services). |
[This Article Wholly Amended on Jun. 30, 2006]
| Article 40-2 (Guidelines, etc. for Calculating Chargeable Expenses) |
| (1) | The guidelines for calculating expenses chargeable under Article 45 (2) of the Act (hereafter in this Article and Article 40-3, referred to as "chargeable 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 charegable 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 chargeable expenses under paragraph (1), it shall have a prior consultation with the Minister of Trade, Industry and Energy thereon. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 40-3 (Methods, Deadline, etc. for Payment of Chargeable Expenses) |
| (1) | When the Nuclear Safety and Security Commission intends to collect chargeable 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 chargeable 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) | Chargeable 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 chargeable 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 chargeable expenses, as determined and publicly notified by the Nuclear Safety and Security Commission. |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 40-4 (Preparation and Approval of Regulations on Dealing with Entrusted Duties) |
| (1) | The regulations on dealing with entrusted duties under the former part of Article 45 (6) of the Act (hereinafter referred to as "regulations on dealing with entrusted duties") shall include the following matters: |
| 1. | Types of entrusted duties; |
| 2. | Working hours for dealing with entrusted duties and holidays; |
| 3. | Places for entrusted duties; |
| 4. | Appointment, dismissal and deployment of a person responsible for entrusted duties; |
| 5. | Methods of dealing with entrusted duties; |
| 6. | Indication of the outcomes of dealing with entrusted duties and methods thereof; |
| 7. | Preservation of records regarding entrusted duties; |
| 8. | Other matters to be include in the regulations on dealing with entrusted duties, as deemed necessary by the Nuclear Safety and Security Commission. |
| (2) | A person who intends to obtain approval of the regulations on dealing with entrusted duties pursuant to the former part of Article 45 (6) of the Act shall submit an application for approval of the regulations on dealing with entrusted duties to the Nuclear Safety and Security Commission, along with a draft of the regulations on dealing with entrusted duties. |
| (3) | A person who intends to obtain approval for a modification of the regulations on dealing with entrusted duties pursuant to the latter part of Article 45 (6) of the Act shall submit an application for approval for a modification of the regulations on dealing with entrusted duties, including the following matters, to the Nuclear Safety and Security Commission: |
| 2. | Date and time of a modification; |
| 3. | Reasons for a modification. |
[This Article Newly Inserted on Jun. 8, 2021]
| Article 41 (Use of Subsidies) |
| Article 42 (Guidelines for Imposing Administrative Fines) |
[This Article Wholly Amended on May 31, 2016]
ADDENDA <Presidential Decree No. 18341, Mar. 29, 2004>
| (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.
ADDENDA <Presidential Decree No. 30352, Jan. 14, 2020.>
Article 1 (Enforcement Date)
This Decree shall enter into force one month after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 31349, Dec. 31, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2021.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 31761, Jun. 8, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 9, 2021: Provided, That the amended provisions of Article 40 (2) 1-2 shall enter into force on the date of its promulgation. Article 2 (Applicability to Inspection of Transport of Nuclear Materials for Purpose of Export)
The amended provisions of Article 18 (1) 3 (limited to the parts concerning item (b) of the same subparagraph) shall begin to apply to the first nuclear materials transported by a nuclear licensee after June 23, 2021. Article 3 (Applicability to International Transport Protection of Nuclear Materials)
The amended provisions of Articles 18-2 and 18-3 shall begin to apply where nuclear materials are internationally transported after the following dates: | 1. | Where nuclear materials are transported internationally for the purpose of export: September 7, 2021; |
| 2. | Where nuclear materials are transported internationally for the purpose of importation: July 9, 2021; |
| 3. | Where a ship or aircraft laden with nuclear materials enters a domestic port or airport for transit or transshipment: July 9, 2021. |
Article 4 (Transitional Measures concerning Inspection of Transport of Nuclear Materials for Purpose of Domestic Transport or Importation)
Where a nuclear licensee who falls under the previous Article 18 (1) 3 before this Decree enters into force applies for a transportation inspection pursuant to paragraph (3) of the same Article, the previous provisions shall apply, notwithstanding the amended provisions of Article 18 (1) 3.