The purpose of this Decree is to prescribe matters mandated by the Nuclear Liability Act and matters necessary for the enforcement thereof. [This Article Wholly Amended on May 31, 2016]
| Article 2 (Scope of Conversion) |
"Conversion", "fabrication", "treatment of spent nuclear fuels", "use of nuclear fuel materials", and "storage, treatment, and disposal of radioactive waste" in Article 2 (1) 1 (b) through (f) of the Nuclear Liability Act (hereinafter referred to as the "Act") are as follows, respectively: <Amended on Jul. 30, 2001; Oct. 23, 2006; Oct. 25, 2011; May 31, 2016> | (a) | The conversion of nuclear fuel material containing uranium or its compounds in which the ratio of uranium-235 to uranium (referring to uranium containing uranium-235 and uranium-238) exceeds the natural mixing ratio and is less than 5/100, or any material comprised of at least one of the foregoing and 2,000 grams or more of uranium-235; |
| (b) | The conversion of nuclear fuel material containing uranium or its compounds in which the ratio of uranium-235 to uranium (referring to uranium containing uranium-235 and uranium-238) exceeds 5/100, or any material comprised of at least one of the foregoing and 800 grams or more of uranium-235; |
| (c) | The conversion of nuclear fuel material containing plutonium or any compound thereof, or any material comprised of at least one of the foregoing and 500 grams or more of plutonium; |
| 2. | Fabrication of nuclear fuel materials falling under subparagraph 1 (a) through (c); |
| 3. | Treatment of spent nuclear fuels: |
| (a) | Spent nuclear fuel processing, which handles nuclear fuel materials that have undergone atomic fission, such as those used as fuel in a nuclear reactor, for the purpose of research or testing; |
| (b) | Spent nuclear fuel processing, which is the separation of nuclear fuel materials used as fuel in a nuclear reactor into nuclear fuel material and other materials by treating nuclear fuel material that has undergone atomic fission by physical and chemical methods. |
| 4. | Use of nuclear fuel materials: Use of nuclear fuel materials falling under subparagraph 1 (a) through (c); |
[This Article Wholly Amended on Mar. 19, 1987]
[Title Amended on May 31, 2016]
| Article 3 (Amount of Compensation) |
The amount of compensation under Article 6 (1) of the Act shall be as specified in attached Table 1. <Amended on Jul. 30, 2001> [This Article Wholly Amended on Mar. 19, 1987]
| Article 4 (Securities that May Be Deposited) |
[This Article Wholly Amended on Jul. 30, 2001]
| Article 5 (Application for Approval of Insurance Policy) |
| 1. | The name (where the nuclear business operator is a corporation, the name of the corporation and the name of its representative) and address; |
| 2. | Types of the operation, etc. of nuclear reactors; |
| 3. | The name and location of a factory or place of business in which the operation, etc. of a nuclear reactor is performed (where a nuclear reactor is installed on a ship, the name of the ship and the port of loading); |
| 4. | For the operation of a nuclear reactor, the thermal output of the reactor; |
| 5. | For conversion, the type and quantity of nuclear fuel material being converted; |
| 6. | For fabrication, the type and quantity of nuclear fuel material being fabricated; |
| 7. | For the treatment of spent nuclear fuel, the type and quantity of the spent nuclear fuel being processed; |
| 8. | For the use of nuclear fuel material, the type and quantity of nuclear fuel material being used; |
| 9. | For the use of nuclear fuel material, the type and quantity of nuclear fuel material being used; |
| 10. | The scheduled start date and scheduled termination date of the operation, etc. of a nuclear reactor; |
| 11. | Where it is intended take measures for compensation in accordance with an insurance policy under Article 7 (1) of the Act and an indemnity agreement under Article 9 (1) of the Act, the amount covered by the insurance policy and the amount covered by the indemnity agreement; |
| 12. | Where it is intended to take measures for compensation by deposit, the name and location of the district court of competent jurisdiction; where money is deposited, the amount; and where securities are deposited, the name, total par value, face value, symbol, number, certificate number, and interest coupon (interest certificate) of the securities. |
| (2) | An application under paragraph (1) shall attach each of the following documents: <Amended on Jul. 30, 2001> |
| 1. | Survey drawings explicitly showing the area of a factory or business place where the operation, etc. of a nuclear reactor is performed; |
| 2. | Documents proving acceptance of the deposit (limited to where the deposit is made as a measure for compensation); |
| 3. | Certificate of insurance policy agreed in accordance with Article 7 (1) of the Act (limited to where the insurance policy is agreed as a measure for compensation). |
[This Article Wholly Amended on Aug. 22, 1975]
[Title Amended on Jul. 30, 2001]
| Article 6 (Application for Approval on Return of Deposited Property) |
| (1) | Where a nuclear energy business operator intends to obtain approval under Article 13 (1) of the Act, he or she shall submit to the Nuclear Safety and Security Commission an application stating the following matters: <Amended on Jul. 30, 2001; Dec. 31, 2008; Oct. 25, 2011> |
| 1. | The name (where the nuclear business operator is a corporation, the name of the corporation and the name of its representative) and address; |
| 2. | If the deposited property is money, the amount; if the deposited property is securities, the name, total par value, face value, symbol, certificate numbers, and coupons of the securities; |
| 3. | The reason for the return request. |
| (2) | The application under paragraph (1) shall be accompanied by a document proving that any compensation measures equivalent to such deposit have been taken or that the operation, etc. of the reactor have been terminated. |
[This Article Newly Inserted on Aug. 22, 1975]
| Article 7 (Composition of Deliberation Committee) |
| (1) | The Nuclear Damage Deliberation Committee under Article 15 (1) of the Act (hereinafter referred to as the "Deliberation Committee") shall consist of up to 11 members, including the chairperson. |
| (2) | The chairperson shall be the secretary-general of the Nuclear Safety and Security Commission, and the members shall be appointed or commissioned by the Chairperson of the Nuclear Safety and Security Commission from among public officials of the Nuclear Safety and Security Commission; persons qualified as judges, prosecutors, or attorneys-at-law; doctors; and persons with knowledge and experience in insurance, nuclear energy, or agriculture, forestry, and fisheries. <Amended on Jul. 30, 2001; Feb. 29, 2008; Oct. 25, 2011; Mar. 23, 2013> |
[This Article Newly Inserted on Mar. 19, 1987]
| Article 6 (Duties of Chairperson) |
| (1) | The chairperson shall represent the Deliberative Committee and exercise overall control over the business affairs of the Committee. <Amended on Jul. 30, 2001> |
| (2) | When the chairperson is unable to perform his or her duties due to any unavoidable reason, a member designated by the chairperson shall act on behalf of the chairperson. <Amended on 2001. 7. 30.> |
[This Article Newly Inserted on Mar. 19, 1987]
| Article 9 (Operation of Deliberation Committee) |
| (1) | The chairperson shall convene and preside over meetings of the Deliberation Committee. |
| (2) | A meeting of the Deliberation Committee shall constitute a quorum; any resolution thereof shall require the concurring vote of a majority of those present. |
[This Article Newly Inserted on Mar. 19, 1987]
| Article 9-2 (Exclusion of, Challenge to, or Recusal by Member) |
| (1) | Where a member of the Deliberation Committee falls under any of the following, he or she shall be excluded from the deliberation and resolution of the Deliberation Committee: |
| 1. | If a member or his or her spouse or a person who was his or her spouse is a party to, or is a co-right holder or co-obligor with a party to, the relevant mediation case; |
| 2. | If a member is or was a relative of a party to the relevant mediation case; |
| 3. | If a member has given testimony, made a statement, provided counsel, conducted research, provided service, or made an appraisal with regard to the relevant mediation case; |
| 4. | If a member, or a corporation, an organization, etc. to which the member belongs is or was an agent of a party to the relevant mediation case; |
| 5. | If a member belongs to, or has belonged to, a company, an organization, etc. involved in the relevant mediation case within the last two years. |
| (2) | Where circumstances indicate that it would be difficult to expect fair deliberations and resolutions from a member, a party to the agenda item at issue may file a motion for challenge to the member with the Deliberation Committee, and the Deliberation Committee shall decide on the challenge by resolution. In such cases, the member subject to the challenge shall not participate in the resolution. |
| (3) | Where the ground for exclusion specified in any subparagraph of paragraph (1) is applicable to a member, the member may recuse himself or herself from deliberation and resolution on the relevant mediation case. |
[This Article Newly Inserted on Jul. 4, 2012]
| Article 9-3 (Dismissal or Decommission of Member) |
Where any of the following is applicable to a member of the Deliberation Committee, the Chairperson of the Nuclear Safety and Security Commission may dismiss or decommission the member:
| 1. | If a member becomes incapable of performing his or her duties due to mental or physical disability; |
| 2. | If a member is found disqualified on the ground of his or her neglect of duty, injury to dignity, or on any other ground; |
| 3. | If a member fails to recuse himself or herself even though any of the subparagraphs of Article 9-2 (1) is applicable to him or her. |
[This Article Newly Inserted on Jul. 4, 2012]
| Article 10 (Application for Mediation of Dispute) |
| (1) | The parties to a dispute regarding compensation of nuclear damage who intends to apply for mediation of the dispute shall submit to the Deliberation Committee a written application stating the following matters: <Amended on Jul. 30, 2001> |
| 1. | Names, addresses, and dates of birth of the applicant and the other party to the dispute (if the applicant is a corporation, the name, address, and date of birth of its representative); |
| 2. | Purport and reasons for applying for mediation of the dispute; |
| 3. | Summary of the fact of dispute and the progress of negotiation; |
| 5. | Other reference matters for mediation of the dispute. |
| (2) | When the Deliberation Committee receives an application under paragraph (1), it shall send a copy of the application to the other party to the dispute. |
[This Article Newly Inserted on Mar. 19, 1987]
[Title Amended on Jul. 30, 2001]
| Article 11 (Selection of Representative) |
| (1) | If there are several persons who intends to apply to the Deliberation Committee for mediation of a dispute over compensation for nuclear damage, they may select up to three representatives. <Amended on Jul. 30, 2001> |
| (2) | The selection of a representative under paragraph (1) shall be made in writing, and the application under Article 10 (1) shall be accompanied by a document stating the qualifications of the selected representative. |
[This Article Newly Inserted on Mar. 19, 1987]
Section 12 (Recommendation to Apply for Mediation of Dispute)
| Article 13 (Separation or Consolidation of Dispute Mediation Cases) |
| (1) | The Deliberation Committee may separate or consolidate dispute mediation cases as it deems necessary. <Amended on Jul. 30, 2001> |
| (2) | The Deliberation Committee shall, when it separates or consolidates dispute mediation cases under paragraph (1), notify both parties thereof in writing without delay. <Amended on Jul. 30, 2001> |
[This Article Newly Inserted on Mar. 19, 1987]
[Title Amended on Jul. 30, 2001]
| Article 14 (Participation of Third Parties) |
| (1) | A third party who has an interest in the result of mediation of a dispute over compensation for nuclear damage may participate in the mediation of the dispute with the permission of the Deliberation Committee. <Amended on Jul. 30, 2001> |
| (2) | A person intends to apply for participation under paragraph (1) shall submit to the Deliberation Committee an application stating the following matters: |
| 1. | Name, address, and date of birth of the applicant ((if the applicant is a corporation, the name, address, and date of birth of its representative); |
| 2. | Reasons for application for participation; |
| 4. | Other reference matters for participation. |
| (3) | The Deliberation Committee shall hear the opinions of both parties in advance when granting permission under paragraph (1). |
| (4) | When the Deliberation Committee grants permission for an application for participation under paragraph (1), it shall send a copy of the application to both parties. |
[This Article Newly Inserted on Mar. 19, 1987]
| Article 15 (Suspension and Termination of Mediation of Dispute) |
| (1) | The Deliberation Committee may suspend or terminate mediation of a dispute if the nature of the dispute makes mediation inappropriate, or if reasonable grounds exist to believe that a party has applied for mediation of the dispute for an improper purpose, or if the Committee believes that mediation of the dispute is unlikely to be successful. <Amended on Jul. 30, 2001> |
| (2) | The Deliberation Committee shall, when it suspends or terminates the mediation of a dispute under paragraph (1), notify both parties of the fact in writing without delay. <Amended on Jul. 30, 2001> |
[This Article Newly Inserted on Mar. 19, 1987]
[Title Amended on Jul. 30, 2001]
| Article 16 (Administrative Secretary) |
The Deliberation Committee 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 Jul. 30, 2001; Feb. 29, 2008; Oct. 25, 2011>
[This Article Newly Inserted on Mar. 19, 1987]
| Article 17 (Allowances for Members) |
Allowances may be paid to members who attend a meeting of the Deliberation Committee within the budget.
[This Article Newly Inserted on Mar. 19, 1987]
| Article 18 (Detailed Operating Rules) |
Except as provided for in this Decree, the Deliberation Committee shall prescribe such matters as it deems necessary for the operation of the Committee and the procedure for the disposition of applications for mediation of a dispute. <Amended Jul. 30, 2001>
[This Article Newly Inserted on Mar. 19, 1987]
| Article 19 (Criteria for Imposing Administrative Fines) |
Criteria for imposing administrative fines under Article 20 (1) of the Act shall be as prescribed in the attached Table 2. [This Article Wholly Amended on May 31, 2016]
ADDENDA <Presidential Decree No. 5396, Dec. 3, 1970>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 6701, May. 25, 1973>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 7756, Aug. 22, 1975>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 12902, Mar. 19, 1987>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures following Changes in Amount of Compensation) A nuclear business operator who has subscribed a liability insurance policy for nuclear damage compensation pursuant to the previous provisions before this Decree enters into force shall supplement the policy based on the amount of compensation under the amended provisions of Article 3 within 30 days from the date this Decree enters into force. |
ADDENDUM <Presidential Decree No. 17321, Jul. 30, 2001>
This Decree shall enter into force on January 1, 2002.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 19707, Oct. 23, 2006>
This Decree shall enter into force on the date of its promulgation.
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 Deleted.
ADDENDA <Presidential Decree No. 20947, Jul. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 4, 2009. (Proviso Omitted.)
Articles 2 through 27 Omitted.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 23237, Oct. 25, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 26, 2011.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 23248, Oct. 25, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 26, 2011.
Article 2 Omitted.
Article 3 Omitted.
Article 4 Omitted.
ADDENDUM <Presidential Decree No. 23928, Jul. 24, 2012>
This Decree shall enter into force on the date of its promulgation. (Proviso 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.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 25845, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Amount of Compensation)
The amended provisions governing the amount of compensation under subparagraph 1 (a) of attached Table 1 shall begin to apply where a nuclear energy business operator makes a deposit or purchases insurance policies in order to take measures for compensation for damage and pays indemnity fees to the National Treasury in accordance with indemnity agreements.
ADDENDA <Presidential Decree No. 27207, May 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of attached Table 2 shall enter into force on June 2, 2016.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)