ACT ON PROTECTIVE ACTION GUIDELINES AGAINST RADIATION IN THE NATURAL ENVIRONMENT
Act No. 10908, Jul. 25, 2011
Amended by Act No. 11715, Mar. 23, 2013
Act No. 12664, May 21, 2014
Act No. 13542, Dec. 1, 2015
Act No. 14115, Mar. 29, 2016
Act No. 14476, Dec. 27, 2016
Act No. 16299, Jan. 15, 2019
Act No. 17347, jun. 9, 2020
Act No. 17638, Dec. 8, 2020
Act No. 18142, Apr. 20, 2021
Act No. 18663, Dec. 28, 2021
Act No. 18971, jun. 10, 2022
Act No. 20141, Jan. 23, 2024
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to protect citizen's health and environment, improve the quality of life of citizens, and contribute to public safety by providing for matters regarding safety control of radiation to which citizens may be exposed in their daily lives.
The terms used in this Act are defined as follows: <Amended on Jan. 15, 2019; Jun. 9, 2020>
| 1. | The term "radiation in the natural environment" means the radiation specified in the following: |
| (a) | Radiation emitted from natural radionuclides contained in raw materials, residues, and products: Provided, That radiation emitted from nuclear materials controlled pursuant to the Nuclear Safety Act shall be excluded herefrom; |
| (b) | Radiation radiated from the sun or universe into the earth's atmosphere (hereinafter referred to as "cosmic radiation"); |
| (c) | Radiation emitted from rock or soil on the surface of the earth (hereinafter referred to as "terrestrial radiation"); |
| (d) | Radiation emitted from a radioactive substance contained in scrap metal collected within the Republic of Korea or in a foreign country and sold or recycled (hereinafter referred to as "recyclable scrap metal"); |
| 2. | The term "raw material" means a material that contains a natural radionuclide, such as Uranium 235, Uranium 238, Thorium 232, Radon 220, Radon 222, and nuclides within radioactive decay series, or Potassium 40, if the activity concentration and quantity of such material exceed the activity concentration and quantity specified and publicly notified by 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"); |
| 3. | The term "residue" means a material that is produced incidentally from a facility that treats raw materials or any other material, and that contains a natural radionuclide whose activity concentration exceeds the level specified and publicly notified by the Nuclear Safety and Security Commission; |
| 4. | The term "product" means a product manufactured by processing raw materials or residues or made out of them. |
| Article 3 (Responsibilities of the State) |
The State shall prepare measures necessary for safety control of radiation in the natural environment in order to protect citizen's health and environment therefrom.
| Article 4 (Relationship to Other Statutes) |
Except as otherwise provided in other statutes, safety control of radiation in the natural environment shall be governed by provisions of this Act.
CHAPTER II FORMULATION OF COMPREHENSIVE PLANS FOR PROTECTION FROM RADIATION IN NATURAL ENVIRONMENT
| Article 5 (Formulation of Comprehensive Plans for Protection from Radiation in Natural Environment) |
| (1) | In order to protect citizen's health and environment from radiation in the natural environment, the Nuclear Safety and Security Commission shall formulate a five-year comprehensive plan for radiation in the natural environment protection (hereinafter referred to as "comprehensive plan"), consulting with the heads of related central administrative agencies. |
| (2) | A comprehensive plan shall include the following matters: <Amended on Jan. 15, 2019> |
| 1. | Objectives of, and the basic direction-setting for policies on protection from radiation in the natural environment; |
| 2. | Environmental protection from radiation in the natural environment; |
| 3. | Current status and prospects of safety control of radiation in the natural environment; |
| 4. | Research and development with regard to radiation in the natural environment; |
| 5. | Investigation and analysis on raw materials, residues, and products; |
| 6. | Treatment, disposal, or recycling of residues; |
| 6-2. | Measures to be taken against products that fail to conform to the safety standards specified in Article 15; |
| 7. | Matters necessary to establish a system for safety control of cosmic radiation, terrestrial radiation, etc.; |
| 8. | Other matters prescribed by Presidential Decree as necessary for safety control of radiation in the natural environment. |
| Article 6 (Formulation of Annual Implementation Plans) |
| (1) | The Nuclear Safety and Security Commission shall formulate an annual implementation plan each year for the relevant comprehensive plan, consulting with the heads of related central administrative agencies, as prescribed by Presidential Decree, and shall notify the heads of related central administrative agencies of the plan. |
| (2) | The head of each related central administrative agency shall execute affairs assigned to him or her according to an annual implementation plan notified pursuant to paragraph (1). |
| Article 7 (Implementation of Projects for Research and Development with Regard to Radiation in Natural Environment) |
| (1) | In order to efficiently implement a comprehensive plan, the Nuclear Safety and Security Commission may execute an agreement with an institution or organization specified in any subparagraph of Article 14 (1) of the Basic Research Promotion and Technology Development Support Act to authorize such institution or organization to perform a research and development project with regard to radiation in the natural environment. |
| (2) | The Government may make contributions for all or some of expenses incurred in performing a research and development project referred to in paragraph (1). |
| Article 8 (Preparation and Distribution of Safety Manual) |
| (1) | The Nuclear Safety and Security Commission shall prepare a safety manual required for safety control of radiation in the natural environment and shall distribute it to handlers and registered manufacturers defined in Article 9 and air operators defined in Article 18. <Amended on Jan. 15, 2019> |
| (2) | The safety manual specified in paragraph (1) shall include the following matters: <Amended on Jan. 15, 2019> |
| 1. | The method and procedure for treatment, disposal, or recycling of residues under Article 13 (3); |
| 2. | Matters to be observed in handling and managing raw materials or residues under Article 14; |
| 3. | Safety standards for products under Article 15; |
| 4. | Safety measures for persons who are likely to be exposed to cosmic radiation and terrestrial radiation. |
| (3) | The Nuclear Safety and Security Commission shall prepare schemes to make efficient use of a safety manual prepared under paragraph (1) for safety control of radiation in the natural environment, including notifying the heads of related central administrative agencies of such manual. |
CHAPTER III MANAGEMENT OF RAW MATERIALS, RESIDUES, AND PRODUCTS
| Article 9 (Registration of Handlers of Raw Materials or Residues and Manufacturers of Products) |
| (1) | Any of the following persons shall register the type and quantity of raw materials or residues, type of products, quantity of raw materials or residues used for such products, and other relevant details with the Nuclear Safety and Security Commission. In such cases, standards for registration shall be prescribed by Presidential Decree, taking into consideration facilities, equipment, etc.: <Amended on Jan. 15, 2019> |
| 1. | A person who intends to mine for, export, import, or sell any raw material; |
| 2. | A person who intends to export, import, or sell any residue; |
| 3. | A person who operates a facility that produces any residue; |
| 4. | A person who intends to treat, dispose of, or recycle any residue; |
| 5. | A person who intends to manufacture, export, or import any product. |
| (2) | Persons subject to registration under paragraph (1) shall be those who intend to handle or use any natural radionuclide contained in raw materials or residues, the activity concentration of which exceeds any of the following levels, in quantity in excess of that prescribed by Presidential Decree: <Newly Inserted on Jan. 15, 2019> |
| 1. | In cases of Potassium 40: More than 10 becquerels per gram; |
| 2. | In cases of other natural radionuclides: More than one becquerel per gram. |
| (3) | When a person who has registered pursuant to paragraph (1) because he or she falls under any of paragraph (1) 1 through 4 (hereinafter referred to as "handler") or a person who has registered pursuant to paragraph (1) because he or she falls under paragraph (1) 5 (hereinafter referred to as "registered manufacturer") intends to change any registered matter, he or she shall file a report on such change with the Nuclear Safety and Security Commission. <Amended on Jan. 15, 2019> |
| (4) | A person who intends to apply for registration pursuant to paragraph (1), shall file a written application for registration with the Nuclear Safety and Security Commission, along with documents specified by Ordinance of the Prime Minister. <Amended on Mar. 23, 2013; Jan. 15, 2019> |
| (5) | Upon receipt of a report pursuant to paragraph (3), the Nuclear Safety and Security Commission shall review the details of the report and accept it if such details are in compliance with this Act. <Newly Inserted on Jan. 23, 2024> |
| (6) | Detailed matters regarding procedures and methods for registration under paragraph (1) and chance to registration under paragraph (3) shall be prescribed by Ordinance of the Prime Minister. <Amended on Mar. 23, 2013; Jan. 15, 2019; Jan. 23, 2024> |
[Title Amended on Jan. 15, 2019]
| Article 10 (Succession to Status of Handlers and Registered Manufacturers) |
| (1) | When a handler or registered manufacturer transfers his or her business, or dies, or when a corporation is merged with another, the transferee or heir, or the corporation surviving after the merger or newly established as a consequence of the merger shall succeed to the status of the handler or registered manufacturer. <Amended on Jan. 15, 2019> |
| (3) | A person who succeeds to the status of a handler or a registered manufacturer pursuant to paragraph (1) or (2) shall file a report thereon with the Nuclear Safety and Security Commission within one month, as prescribed by Ordinance of the Prime Minister. <Amended on Mar. 23, 2013; Jan. 15, 2019> |
[Title Amended on Jan. 15, 2019]
| Article 11 (Control of Export and Import of Raw Materials, Residues, and Products) |
| (1) | When a handler or registered manufacturer exports or imports raw materials, residues, or products, he or she shall file a declaration thereof with the Nuclear Safety and Security Commission whenever he or she exports or imports such raw materials, residues, or products. <Amended on Jan. 15, 2019> |
| (2) | Upon receipt of a report pursuant to paragraph (1), the Nuclear Safety and Security Commission shall review the details of the report and accept it if such details are in compliance with this Act. <Newly Inserted on Jan. 23, 2024> |
| (3) | The procedure for declarations of exportation or importation under paragraph (1) shall be prescribed by the Nuclear Safety and Security Commission, consulting with the heads of related central administrative agencies thereon. |
[Title Amended on Jan. 15, 2019]
| Article 12 (Keeping and Retention of Records and Reporting thereon) |
| (1) | A handler and a registered manufacturer shall keep and retain records of the current status of acquisition, generation, storage, sale, and disposal of raw materials, residues, or products (hereinafter referred to as "current status of distribution"), as well as the results, etc. of medical examinations performed under Article 14 (1) 5; and shall report thereon to the Nuclear Safety and Security Commission. <Amended on Jan. 15, 2019> |
| (2) | Details of records that a handler and a registered manufacturer must keep pursuant to paragraph (1), the period of retaining such records, the timing and method of reporting, and other matters necessary for keeping, retaining, and reporting the records of the current status of distribution shall be prescribed by Ordinance of the Prime Minister. <Amended on Mar. 23, 2013; Jan. 15, 2019> |
| (3) | The Nuclear Safety and Security Commission may request the head of a related central administrative agency to submit data and cooperate with him or her as necessary in order to manage the current status of distribution. In such cases, the head of a related central administrative agency shall comply with such request without a special reason not to do so. |
[Title Amended on Jan. 15, 2019]
| Article 13 (Treatment, Disposal, or Recycling of Residues) |
| (1) | If a handler intends to treat, dispose of, or recycle residues, he or she shall file a report thereon with the Nuclear Safety and Security Commission, as prescribed by Ordinance of the Prime Minister. <Amended on Mar. 23, 2013> |
| (2) | Upon receipt of a report pursuant to paragraph (1), the Nuclear Safety and Security Commission shall review the details of the report and accept it if such details are in compliance with this Act. <Newly Inserted on Jan. 23, 2024> |
| (3) | Matters necessary for the treatment, disposal, or recycling of residues shall be prescribed by Presidential Decree. <Amended on Jan. 23, 2024> |
| Article 14 (Matters to Be Observed in Handling and Managing Raw Materials or Residues) |
| (1) | A handler and a registered manufacturer shall observe the following provisions in handling and managing raw materials or residues in order to protect workers’ health and environment: <Amended on Jan. 15, 2019> |
| 1. | Installing facilities for preventing fire and flood or take other necessary measures therefor; |
| 2. | Installing facilities for preventing raw materials or residues from being scattered into the air or taking other necessary measures therefor; |
| 3. | Measuring and controlling the activity concentration or level of radiation at a place in which raw materials or residues are handled; |
| 4. | Investigating and analyzing the level of annual exposure of workers who handle and manage raw materials or residues, to radiation in the natural environment; |
| 5. | Providing medical examinations for workers who handle or manage raw materials or residues, as prescribed by Presidential Decree. |
| (2) | A handler and a registered manufacturer shall take safety measures prescribed by Presidential Decree in order to protect workers' health and improve their working environment according to the investigation and analysis conducted pursuant to paragraph (1) 4 and the results of medical examinations performed pursuant to paragraph (1) 5. <Amended on Jan. 15, 2019> |
| Article 15 (Safety Standards of Products) |
| (1) | A person who manufactures, exports, or imports products (hereinafter referred to as "manufacturer") shall manufacture, export, or import such products in conformity with the following standards (hereinafter referred to as "safety standards"): <Amended on Jan. 15, 2019> |
| 1. | A manufacturer shall ensure that substances containing natural radionuclides in a product are not scattered or leaked into the air; |
| 2. | A manufacturer shall ensure that natural radionuclides contained in a product are not transferred to a human body by contact with such product; |
| 3. | The aggregate of the doses of radiation to which the outside and inside of the human body are exposed due to a product shall not exceed the limit prescribed and publicly notified by the Nuclear Safety and Security Commission; |
| 4. | The concentration and volume of radioactivity contained in a product shall not exceed the limit prescribed and publicly notified by the Nuclear Safety and Security Commission. |
| (2) | Notwithstanding paragraph (1), no manufacturer shall manufacture, export, or import any of the following products: <Newly Inserted on Jan. 15, 2019> |
| 1. | A product to which any raw material or residue is added to achieve the effects of radiation, such as ionization and excitation; |
| 2. | A product worn on the body or used in close contact with the body for long hours, or any other products prescribed and publicly notified by the Nuclear Safety and Security Commission. |
| Article 15-2 (Prohibition against Exaggerated Labeling and Advertising) |
No manufacturer shall place an exaggerated label or advertisement (referring to any label or advertisement defined in subparagraph 1 or 2 of Article 2 of the Act on Fair Labeling and Advertising) stating that ionization, excitation, or any other activity of radiation emitted from a product is beneficial to human health or environment. [This Article Newly Inserted on Jan. 15, 2019]
| Article 16 (Measures against Defective Products) |
| (1) | If a manufacturer falls under any of the following subparagraphs, he or she shall disclose such fact and formulate a plan to take measures such as complement, exchange, recall, or scrap relevant products, and implement the plan after reporting it to the Nuclear Safety and Security Commission: In such case, if the Nuclear Safety and Security Commission deems the reported plan is not adequate, the Commission may order such plan to be rectified or supplemented: <Amended on Dec. 8, 2020> |
| 1. | Where he or she becomes aware that a product fails to meet the safety standards; |
| 2. | When he or she falls under any subparagraph of Article 15 (2); |
| 3. | Where the Nuclear Safety and Security Commission ordered him or her to take measures pursuant to Article 17 (1). |
| (2) | Where a manufacturer takes measures under paragraph (1), he or she shall take measures necessary to protect the health of workers engaged in relevant duties as well as the environment, as prescribed by Presidential Decree. <Newly Inserted on Jan. 15, 2019> |
| (3) | Where a manufacturer takes any measure pursuant to paragraph (1), he or she shall report thereon to the Nuclear Safety and Security Commission, as prescribed by Ordinance of the Prime Minister. In such case, if the Nuclear Safety and Security Commission deems the reported results of measures are not sufficient, the Commission may order such measures to be rectified or supplemented. <Amended on Mar. 23, 2013; Jan. 15, 2019; Dec. 8, 2020> |
| (4) | Where the Nuclear Safety and Security Commission deems that a manufacturer has difficulties in efficiently implementing a plan for measures under paragraph (1), it may request the heads of the following institutions to render cooperation and support necessary for such measures: In such cases, the head of an agency upon receipt of a request shall comply therewith, except in extenuating circumstances. <Newly Inserted on Dec. 8, 2020> |
| 1. | A central administrative agency or a local government that conducts affairs such as permission, certification, registration, handling of reports regarding the manufacture, import, sale, etc. of products of the same or similar kinds as the relevant products (hereafter in this Article referred to as "same or similar products"); |
| 2. | A central administrative agency and a local government which performs duties related to issuing orders, etc. to recall, scrap, or complement the same or similar products; |
| 3. | A local government having jurisdiction over the address of the end consumers of the relevant product. |
[Title Amended on Jan. 15, 2019]
| Article 17 (Orders to Dispose of Defective Products) |
| (1) | If a product fails to comply with the safety standards or falls under any subparagraph of Article 15 (2), the Nuclear Safety and Security Commission may order the relevant manufacturer to disclose such facts and take relevant measures pursuant to Article 16 (1) in accordance with the procedures prescribed by Presidential Decree: Provided, That if there is no person in charge of recall or scrapping of relevant products, the Nuclear Safety and Security Commission may disclose the information on relevant products and recommend to disuse relevant products. <Amended on Jan. 15, 2019; Dec. 8, 2020> |
| (2) | If a person to whom an order has been issued under paragraph (1) fails to comply with the order, the Nuclear Safety and Security Commission may publish details of the relevant product, as prescribed by Presidential Decree and may make a vicarious execution under the Administrative Vicarious Execution Act. <Amended on Jan. 15, 2019> |
CHAPTER IV SAFETY CONTROL OF COSMIC RADIATION
| Article 18 (Safety Control of Cosmic Radiation) |
| (1) | An air operator prescribed by Presidential Decree (hereinafter referred to as "air operator") shall endeavor to protect health and safety of its flight crew members and cabin crew members who are likely to be exposed to cosmic radiation. |
| (2) | The scope of flight crew members and cabin crew members referred to in paragraph (1) (hereinafter referred to as "crew members") shall be prescribed by Presidential Decree, taking into consideration flight routes, cruising altitude, and frequency of flights. |
| (3) | An air operator shall investigate and analyze the following: |
| 1. | The cosmic radiation exposure dose received by crew members on each flight route; |
| 2. | The annual cosmic radiation exposure dose received by crew members. |
| (4) | An air operator shall take measures for the health protection and safety of its crew members according to outcomes of the investigation and analysis of the matters specified in the subparagraphs of paragraph (3), as prescribed by Presidential Decree. |
| (5) | An air operator shall have its crew members undergo medical examinations, as prescribed by Presidential Decree. <Newly Inserted on Jun. 10, 2022> |
| (6) | An air operator shall have its crew members receive training on matters concerning exposure, etc. to cosmic radiation that is provided by the Nuclear Safety and Security Commission, as prescribed by Presidential Decree. <Newly Inserted on Jun. 10, 2022> |
| (7) | The Nuclear Safety and Security Commission shall determine and publicly notify the details necessary for safety control of cosmic radiation, including the procedures and methods for conducting investigation and analysis of the matters specified in the subparagraphs of paragraph (3) and for taking safety measures under paragraph (4). <Amended on Jun. 10, 2022> |
| Article 18-2 (Duty of Air Operators to Keep and Retain Records and to Report thereon) |
| (1) | An air operator shall keep and retain records of the following and report thereon to the Nuclear Safety and Security Commission: |
| 1. | Results of investigation and analysis of the matters specified in the subparagraphs of Article 18 (3); |
| 2. | Results of measures taken for the health protection and safety under Article 18 (4); |
| 3. | Results of medical examinations conducted pursuant to Article 18 (5); |
| 4. | Results of training provided pursuant to Article 18 (6). |
| (2) | Where an air operator discontinues air transport services pursuant to Article 25 of the Aviation Business Act, it shall submit records retained pursuant to paragraph (1) to the Nuclear Safety and Security Commission. |
| (3) | Other matters necessary for the retention of, reporting on, and submission, etc. of records shall be prescribed by Ordinance of the Prime Minister. |
[This Article Newly Inserted on Jun. 10, 2022]
| Article 18-3 (Surveys on Health Effects to Crew Members) |
| (1) | The Nuclear Safety and Security Commission may conduct a survey on the health effects of radiation in the natural environment on crew members (hereinafter referred to as "health effects survey") to ascertain the effects of cosmic radiation to health. |
| (2) | The Nuclear Safety and Security Commission may request the head of a relevant central administrative agency, the head of a local government, or the head of an institution or organization related to radiation in the natural environment to submit the following data for a health effects survey; in such cases, a person so requested shall comply therewith unless there is a compelling reason not to do so: |
| 7. | Records related to the use of aircraft among records of immigration under the Immigration Act; |
| 8. | Other information and data deemed by the Commission necessary for conducting a health effects survey. |
| (3) | No person who engages or engaged in the business affairs related to health effects surveys shall divulge personal information or confidential information learned in the course of performing his or her duties or shall use such information for any purpose other than for his or her duties. |
[This Article Newly Inserted on Jun. 10, 2022]
CHAPTER V INSTALLATION AND OPERATION OF MONITORS OF RADIATION AND RADIOACTIVITY
| Article 19 (Installation of Monitors in Airports and Ports) |
| (1) | The Nuclear Safety and Security Commission shall install and operate monitors of radiation and radioactivity (hereinafter referred to as "monitors") at airports and ports, consulting with the heads of central administrative agencies, for safety control of radiation in the natural environment falling under items (a) and (d) of subparagraph 1 of Article 2. In such cases, the Nuclear Safety and Security Commission may secure sites necessary to search for detecting substances (hereinafter referred to as "site for search") which exceed or are suspected to exceed the concentration of radioactivity determined and publicly notified by the Nuclear Safety and Security Commission (hereinafter referred to as "suspected substance") in monitors. <Amended on Dec. 28, 2021> |
| (2) | An aviation operator defined in subparagraph 35 of Article 2 of the Aviation Business Act (hereinafter referred to as "aviation operator"), or a person who operates harbor facilities defined in subparagraph 5 of Article 2 of the Harbor Act (hereinafter referred to as "harbor facility operator") shall cooperate with the Nuclear Safety and Security Commission in installing monitors and securing sites for search pursuant to paragraph (1). <Amended on Mar. 29, 2016; Dec. 28, 2021> |
| (3) | The Nuclear Safety and Security Commission may entrust the operation of monitors installed pursuant to paragraph (1) to an aviation operator, or harbor facility operator. <Amended on Mar. 29, 2016> |
| (4) | The scope of airports, ports, and harbors in which monitors shall be installed pursuant to paragraph (1), matters necessary for the installation and operation of monitors, and matters necessary for entrustment under paragraph (3), including persons eligible for entrustment and the scope of entrustment, shall be prescribed by Presidential Decree. |
| Article 20 (Installation of Monitors by Handlers of Recyclable Scrap Metal) |
| (1) | A person who sells or recycles recyclable scrap metal (hereinafter referred to as "handler of recyclable scrap metal") shall install and operate monitors for safety control of radiation in the natural environment falling under subparagraph 1 (d) of Article 2. |
| (2) | The scope of handlers of recyclable scrap metal who shall install and operate monitors pursuant to paragraph (1) and matters necessary for the installation and operation of monitors shall be prescribed by Presidential Decree. |
| Article 20-2 (Operation and Management of Monitors) |
| (1) | To maintain the reliability and accuracy of results from a monitor, any aviation operator or harbor facility operator entrusted with operation of a monitor pursuant to Article 19 (3) or any handler of recyclable scrap metal who installed a monitor pursuant to Article 20 (1) (hereinafter referred to as "monitor operator") shall comply with the criteria for operating and managing monitors, prescribed by Ordinance of the Prime Minister. <Amended on Mar. 29, 2016> |
| (2) | The Nuclear Safety and Security Commission may order any business entity not complying with the criteria for operating and managing monitors in accordance with paragraph (1) to take measures to operate and manage monitors in accordance with the criteria, as prescribed by Ordinance of the Prime Minister. |
[This Article Newly Inserted on Dec. 1, 2015]
| Article 21 (Detection and Analysis of Suspected Substances) |
| (1) | When a monitor operator detects any suspected substance, he or she shall report to the Nuclear Safety and Security Commission the following: Provided, That the foregoing shall not apply where a suspected substance is detected from raw materials, residues, or products declared pursuant to Article 11 or from a nuclear substance or radioactive isotope that underwent the process for exportation or importation under Article 107 of the Nuclear Safety Act: <Amended on Mar. 23, 2013; Dec. 1, 2015; Jan. 15, 2019; Dec. 28, 2021> |
| 1. | Date, time, and place of detecting suspected substance; |
| 2. | Owner of the suspected substance; |
| 3. | Radiation level and radionuclide of the suspected substance; |
| 4. | Place of isolated storage of the suspected substance; |
| 5. | Matters regarding import or export of the suspected substance including any exporting country, exporting enterprise, etc. or matters regarding domestic distributors (this applies only to handlers of recyclable scrap metal); |
| 6. | Other matters prescribed by Ordinance of the Prime Minister. |
| (2) | Upon receipt of a report pursuant to paragraph (1), the Nuclear Safety and Security Commission shall investigate and analyze the following matters, as prescribed by Ordinance of the Prime Minister: <Amended on Mar. 23, 2013> |
| 1. | The concentration and type of radioactivity contained in the suspected substance; |
| 2. | The purpose of use and usage of the suspected substance; |
| 3. | Matters necessary for measures to be taken pursuant to Article 22 (1). |
| (3) | Upon receipt of a report from a monitor operator that suspected substance is detected in a monitor installed in an airport or a port, the Nuclear Safety and Security Commission may request a relevant central government agency to provide any resources necessary for confirming matters specified in paragraph (1) 5; and the head of the relevant central government agency, in receipt of such request, shall comply with it without good cause. <Newly Inserted on Dec. 1, 2015> |
| Article 22 (Measures against Suspected Substances) |
| (1) | Where any of the following facts is verified, the Nuclear Safety and Security Commission shall immediately order a handler, manufacturer, or handler of recyclable scrap metal related to the fact, to take measures such as repair, return, or collect of such substance, or shall take the relevant measures on its own: <Amended on Jan. 15, 2019; Apr. 20, 2021> |
| 1. | If any raw material, residue, or product not declared for exportation or importation pursuant to Article 11 is detected by a monitor; |
| 2. | If it is discovered, as a result of the investigation and analysis conducted pursuant to Article 21 (2), that a product containing a suspected substance fails to conform to the safety standards; |
| 3. | If a suspected substance contained in recyclable scrap metal is detected by a monitor. |
| (2) | If a person to whom an order has been issued under paragraph (1) fails to comply with the order, the Nuclear Safety and Security Commission may publish details of the relevant suspected substance, as prescribed by Presidential Decree, and take necessary measures pursuant to the Administrative Vicarious Execution Act. <Amended on Jan. 15, 2019> |
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 23 (Inspection and Analysis of Actual Conditions of Safety Control of Radiation in Natural Environment) |
| (1) | In order to monitor the actual conditions of safety control of radiation in the natural environment, the Nuclear Safety and Security Commission shall formulate and implement a plan for inspection of the following matters every year, as prescribed by Presidential Decree: <Amended on Dec. 1, 2015; Jun, 10, 2022> |
| 1. | The current status of distribution of raw materials and residues and the current status of manufacturing, exportation, and importation of products; |
| 2. | The activity concentration and the degree of environmental pollution around the facilities operated by a handler or manufacturer; |
| 3. | The current status of operation and management of monitors installed and operated by the monitor operator; |
| 4. | The current status of safety control of cosmic radiation to crew members; |
| 5. | Other matters necessary for safety control of radiation in the natural environment. |
| (2) | When the Nuclear Safety and Security Commission intends to inspect the matters specified in paragraph (1), it shall notify persons selected for inspection, such as a handler, a manufacturer, an air operator, or a monitor operator, of the inspection plan including the date and time of, reasons for, and details of inspection, by not later than seven days before the scheduled date of inspection. <Amended on Dec. 1, 2015; Jun, 10, 2022> |
| (3) | A public official who conducts an inspection pursuant to paragraph (1) or a person to whom business affairs are entrusted under Article 28 shall produce a certificate indicating his or her authority and a document stating the date and time of inspection, the inspector's name, the duration and purposes of entry, and other relevant facts to people involved. |
| (4) | When the Nuclear Safety and Security Commission formulates a comprehensive plan or an annual implementation plan under Article 6, it shall factor in outcomes of the inspection and analysis of actual conditions of radiation in the natural environment. |
| Article 24 (Reporting and Inspection) |
| (1) | When the Nuclear Safety and Security Commission deems it necessary for the enforcement of this Act, the Commission may order a handler, a manufacturer, an air operator, or a monitor operator to report or submit data as necessary. <Amended on Dec. 1, 2015; Jun, 10, 2022> |
| (2) | A handler, a registered manufacturer, an air operator, or a handler of recyclable scrap metal shall undergo regular inspections conducted by the Nuclear Safety and Security Commission with regard to the handling and management of raw materials, residues, and products; the safety control of cosmic radiation to crew members; and the handling, management, etc. of recyclable scrap metals containing any radioactive substance, as prescribed by Presidential Decree. In such cases, the inspection cycle for each object to be inspected shall be prescribed by Presidential Decree for a period of at least one year but less than three years, considering the type and quantity of the relevant raw materials or residues, the flight routes and frequency, the number of monitors operated, and others. <Newly Inserted on Jan. 15, 2019; Jun, 10, 2022> |
| (3) | When the Nuclear Safety and Security Commission deems necessary to enforce this Act, it may authorize its public officials to enter a place of business, factory, or other place to inspect account books, documents, facilities, and other articles as necessary or to ask questions to people involved and may authorize them to collect samples in a minimum quantity required for testing. <Amended on Jan. 15, 2019> |
| (4) | When an inspection is conducted pursuant to paragraph (2) or (3), the person subject to inspection shall be notified of an inspection plan, including the date, time, purposes, and details of the inspection by not later than seven days before the inspection: Provided, That the foregoing shall not apply in an emergency or where it is anticipated impossible to achieve purposes of inspection if the inspection plan is informed of. <Amended on Jan. 15, 2019> |
| (5) | A public official who conducts an inspection pursuant to paragraph (2) or (3) shall carry with him or her a certificate indicating his or her authority and shall produce it to people involved. <Amended on Jan. 15, 2019> |
| (6) | Where the Nuclear Safety and Security Commission discovers, through inspection under paragraph (2) or (3), that relevant standards or criteria in this Act have not been complied with or this Act has been violated, it may issue an order to rectify or supplement the substandard matters or violation. <Newly Inserted on Jan. 15, 2019> |
| (7) | Deleted. <Jun. 10, 2022> |
| Article 25 (Management of Information about Radiation in Natural Environment) |
| (1) | In order to systematically manage information about safety control of radiation in the natural environment, such as the current status of distribution of raw materials or residues, the current status of manufacturing or exportation and importation of products, and the current status of safety control of cosmic radiation, the Nuclear Safety and Security Commission shall establish and operate a comprehensive information system for radiation in the natural environment. |
| (2) | In order to efficiently manage and operate the comprehensive information system for radiation in the natural environment referred to in paragraph (1), the Nuclear Safety and Security Commission may demand the head of a related central administrative agency to provide data as necessary, and the head of a related central administrative agency shall comply with such demand without a special reason not to do so. |
| Article 26 (Development of Educational Programs) |
In order to raise the understanding of radiation in the natural environment and increase the effect of safety control of radiation in the natural environment, the Nuclear Safety and Security Commission may develop and operate educational programs for persons who are likely to be exposed to radiation in the natural environment.
| Article 26-2 (Training for Personnel Operating Monitors) |
| (1) | The monitor operator shall have the personnel operating the monitor complete the training provided by the Nuclear Safety and Security Commission, regarding the operation of monitors, measures taken on suspected substance, etc. |
| (2) | Details of and methods for the training described in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 1, 2015]
| Article 27 (Designation and Operation of Institutions Specializing in Radiation in Natural Environment) |
| (1) | The Nuclear Safety and Security Commission may designate an institution that has expertise in performing research and investigation regarding safety control of radiation in the natural environment, such as the investigation and analysis of activity concentration of natural radionuclides and the safety control of cosmic radiation, as an institution specializing in radiation in the natural environment (hereinafter referred to as "specialized institution"). <Amended on Jun. 10, 2022> |
| (2) | A person who intends to be designated as a specialized institution under paragraph (1) shall retain facilities, equipment, and human resources in conformity with the standards prescribed by Presidential Decree. |
| (3) | A person who intends to be designated as a specialized institution under paragraph (1) shall prepare a written application and supplementary document specified by Ordinance of the Prime Minister and shall submit them to the Nuclear Safety and Security Commission. <Amended on Mar. 23, 2013> |
| (4) | If a handler or other person specified in any provision of Articles 9 through 15 requests a specialized institution under paragraph (1) to measure activity concentration in order to ensure the eligibility for registration and the reliability of outcomes of measurement, the specialized institution may assist such person. |
| (5) | The Nuclear Safety and Security Commission may fully or partially contribute to, or subsidize, a specialized institution designated under paragraph (1) for expenses incurred in carrying out business affairs as a specialized institution. <Amended on May 21, 2014> |
[Title Amended on May 21, 2014]
| Article 28 (Entrusting Business Affairs) |
| (1) | The Nuclear Safety and Security Commission may entrust part of its business affairs under this Act to a specialized institution, as prescribed by Presidential Decree. |
| (2) | Executive officers and employees of a specialized institution engaged in business affairs entrusted by the Nuclear Safety and Security Commission pursuant to paragraph (1) shall be deemed public officials when any provision of Articles 127 and 129 through 132 of the Criminal Act applies to any of them. |
| (3) | A specialized institution to whom business affairs are entrusted pursuant to paragraph (1) may require a handler to reimburse expenses incurred in conducting entrusted business affairs, such as expenses for investigating and analyzing activity concentration of natural radionuclides contained in a raw material or residue, with approval from the Nuclear Safety and Security Commission. |
| (4) | The guidelines for calculating expenses to be borne by a handler pursuant to paragraph (3) shall be prescribed by Presidential Decree, taking into consideration input of human resources and equipment mobilized. |
| (5) | The Nuclear Safety and Security Commission may provide necessary assistance to a specialized institution to which business affairs are entrusted pursuant to paragraph (1) so that it can carry out relevant business affairs smoothly. |
CHAPTER VII PENALTY PROVISIONS
| Article 29 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won; or such penalties may be concurrently imposed: <Amended on Jan. 15, 2019; Jun. 10, 2022>
| 1. | A person who handles any raw material or residue or manufactures, exports, or imports any product without filing for registration in violation of Article 9 (1) or with such registration completed by fraud or other improper means; |
| 1-2. | A person who manufactures, exports, or imports any product, in violation of Article 15 (2); |
| 1-3. | A person who divulges personal information or confidential information learned in the course of performing his or her duties to any other person, or uses such information for any purpose other than for his or her duties, in violation of Article 18-3 (3); |
| 2. | A handler of recyclable scrap metal who has not installed a monitor, in violation of Article 20 (1). |
| Article 30 (Joint Penalty Provision) |
If the representative of a legal entity or an agent, employee of, or other persons employed by, the legal entity or an individual violates Article 29 in conducting a business affair of the legal entity or individual, not only shall such offender be punished accordingly, but the legal entity or individual also shall be punished by the fine prescribed in the relevant provisions: Provided, That the foregoing shall not apply to where the legal entity or individual has not be negligent in giving considerable attention to and supervision over the relevant business affair to prevent such violation.
| Article 31 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 25 million won. <Amended on Jan. 15, 2019; Dec. 18, 2020> |
| 1. | A person who fails to formulate or implement a plan for measures, in violation of Article 16 (1); |
| 2. | A person who fails to comply with an order for rectification or complementation issued under the latter part of Article 16 (1) or the latter part of paragraph (3) of the same Article; |
| 3. | A person who fails to give a report on the results of measures taken in violation of the former part of Article 16 (3) or gives a false report; |
| 4. | A person who fails to comply with an order of the Nuclear Safety and Security Commission to disclose facts and take measures pursuant to Article 17 (1); |
| 5. | A person who fails to comply with a rectification or complementation order, under Article 24 (6). |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding 20 million won: <Amended on Jan. 15, 2019; Jun. 10, 2022; 2024. Jan. 23> |
| 1. | A person who fails to comply, in violation of Article 13 (3), with the method and procedure for the treatment, disposal, or recycling of residues; |
| 2. | A person who fails to take safety measures, in violation of Article 14 (2); |
| 3. | A person who manufactures, exports, or imports any product that fails to conform to the safety standards, in violation of Article 15 (1); |
| 3-2. | Deleted; <Dec. 8, 2020> |
| 3-3. | A person who fails to take measures to protect workers' health and environment, in violation of Article 16 (2); |
| 3-4. | A person who fails to take measures for the health protection and safety of crew members, in violation of Article 18 (4); |
| 4. | A person who fails to give a report or to submit data pursuant to Article 24 (1) without good cause or who gives a false report or submits false data; |
| 5. | A person who refuses, interferes with, or evades an inspection or collection conducted under Article 24 (2) or (3) without good cause. |
| (3) | Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Amended on Dec. 1, 2015; Jan. 15, 2019; Dec. 28, 2021; Jun. 10, 2022> |
| 1. | A person who changes registered matters without filing a report thereon in violation of Article 9 (3); |
| 2. | A person who fails to file a declaration of exportation or importation in violation of Article 11 (1) or who files the declaration fraudulently; |
| 3. | A person who fails to keep or retain records or to give a report under Article 12 (1) without good cause or who keeps or retains false records or gives a false report; |
| 4. | A person who fails to file a report on the treatment, disposal, or recycling of residues in violation of Article 13 (1) or who files a false report; |
| 5. | A person who fails to fulfill the obligations in handling or managing raw materials or residues in violation of Article 14 (1); |
| 5-2. | A person who places a label or advertisement in violation of Article 15-2; |
| 6. | Deleted; <Dec. 8, 2020> |
| 7. | A person who fails to have his or her crew members undergo medical examinations, in violation of Article 18 (5); |
| 7-2. | A person who fails to keep or retain records or to report thereon under Article 18-2 (1) without good cause or who keeps or retains false records or gives a false report thereon; |
| 7-3. | A person who fails to submit records under Article 18-2 (2) without good cause or submits false records; |
| 7-4. | A person who fails to comply with an order issued pursuant to Article 20-2 (2); |
| 8. | A person who fails to give a report pursuant to Article 21 (1) without good cause or who gives a false report; |
| 8-2. | A person who refuses, interferes with, or evades an investigation or analysis under Article 21 (2) without good cause; |
| 9. | A person who fails to take measures to repair, return, or collect a material or product in violation of Article 22 (1) according to an order issued by the Nuclear Safety and Security Commission; |
| 10. | A person who refuses, interferes with, or evades an inspection conducted under Article 23 without good cause. |
| (4) | Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended on Dec. 1, 2015; Jun. 10, 2022> |
| 1. | A person who fails to file a report on succession to status in violation of Article 10 (3); |
| 2. | An air operator who fails to investigate or analyze matters specified in each subparagraph of Article 18 (3) in violation of any of the aforesaid provisions; |
| 2-2. | A person who fails to have his or her crew members receive training, in violation of Article 18 (6); |
| 3. | A person who fails to have the personnel operating the monitor complete the training, in violation of Article 26-2 (1). |
| (5) | Administrative fines under paragraphs (1) through (4) shall be imposed and collected by the Nuclear Safety and Security Commission, as prescribed by Presidential Decree. <Amended on Jun. 10, 2022> |
ADDENDA <Act No. 10908, Jul. 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measure)
A person who falls under any subparagraph of Article 9 (1) at the time this Act enters into force shall file for the registration required under the aforesaid provisions within six months after this Act enters into force.
ADDENDA <Act No. 11715, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 12664, May 21, 2014>
This Act shall enter into force on the date of its promulgation
ADDENDUM <Act No. 13542, Dec. 1, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14115, Mar. 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 26 Omitted.
ADDENDA <Act No. 14476, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 16299, Jan. 15, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Manufacturers subject to Registration)
A manufacturer subject to registration under Article 9 (1) and (2) as at the time this Act enters into force shall be deemed registered under Article 9 (1): Provided, That the manufacturer shall be registered under Article 9 (1) upon meeting the requirements under this Act, within one year after this Act enters into force.
ADDENDUM <Act No. 17347, Jun. 9, 2020>
This Act shall enter into force on the date of its promulgation
ADDENDA <Act No. 17638, Dec. 8, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Measures against Defective Products)
The amended provisions of Article 16 shall also apply to manufacturers who are obligated to take measures, such as complementation, exchange, recall, and scrapping pursuant to the previous provisions as at the time this Act enters into force.
ADDENDA <Act No. 18142, Apr. 20, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability Measures for Suspected Substances)
The amended provisions of Article 22 shall begin to apply to the first verification of any fact specified in the subparagraphs of Article 22 (1) after this Act enters into force.
ADDENDUM <Act No. 18663, Dec. 28, 2021>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 18971, Jun. 10, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Keeping and Retention of Records and Reporting thereon)
The amended provisions of Article 18-2 shall begin to apply to the matters specified in the subparagraphs of Article 18-2 (1) after this Act enters into force.
ADDENDUM <Presidential Decree No. 20141, Jan. 23, 2024>
This Act shall enter into force on the date of its promulgation