ACT ON THE ESTABLISHMENT AND OPERATION OF THE NUCLEAR SAFETY AND SECURITY COMMISSION
Act No. 10912, Jul. 25, 2011
Act No. 10912, Jul. 25, 2011
CHAPTER Ⅰ GENERAL PROVISIONS
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| Article 1 (Purpose) |
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The purpose of this Act is to protect people from risks of radioactive disasters in generation and use of nuclear energy and contribute to public safety and environmental conservation by establishing the Nuclear Safety and Security Commission.
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| Article 2 (Principle of Operation) |
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The Nuclear Safety and Security Commission shall maintain independence and impartiality, prepare measures necessary for safety management (hereinafter referred to as "safety management of nuclear energy") in research, development, generation, and use of nuclear energy (hereinafter referred to as "use of nuclear energy"), and endeavor to perform such measures.
CHAPTER Ⅱ ESTABLISHMENT, ETC. OF NUCLEAR SAFETY AND SECURITY COMMISSION
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| Article 3 (Establishment of Commission) |
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| (1) | The Nuclear Safety and Security Commission (hereinafter referred to as the "Commission") shall be established under the control of the President of the Republic of Korea to carry out affairs regarding the safety of nuclear energy. |
| 1. | Matters regarding the permit, re-permit, authorization, approval, registration, revocation, etc. in regard to users of nuclear energy under subparagraph 5 of Article 12; |
| 2. | Matters regarding the election of executives of the Korea Institute of Nuclear Safety and the appointment of its President under Articles 9 (4) and 11 (2) of the Korea Institute of Nuclear Safety Act; |
| 3. | Matters regarding the approval of executives of the Korea Institute of Nuclear Nonproliferation and Control under Article 6 (5) of the Nuclear Safety Act; |
| 4. | Other matters specified by Presidential Decree as necessary for the guarantee of independence in safety management of nuclear energy. |
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| Article 4 (Composition, etc. of Commission) |
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| (1) | The Commission shall be comprised of not less than seven, but not more than nine members, including one Chairperson (hereinafter referred to as the "Commission Chairperson") and one Vice Chairperson, among whom the Commission Chairperson and Vice Chairperson shall be standing members. |
| (2) | The Commission Chairperson and Vice Chairperson shall be public officials in political service. |
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| Article 5 (Appointment, etc.) |
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| (1) | Commission members shall be appointed or commissioned from among persons who have extensive knowledge and experience in the safety of nuclear energy, but the Commission Chairperson and Vice Chairperson shall be appointed by the President at the request of the Prime Minister, while other Commission members shall be commissioned by the President at the request of the Commission Chairperson. In such cases, Commission members shall be persons from every relevant field, such as nuclear energy, environment, public health, medical service, science, technology, public safety, law, humanities, and social science, who can contribute to the safety of nuclear energy. |
| (2) | Matters necessary for the appointment or commissioning of Commission members and other matters regarding the composition of the Commission shall be prescribed by Presidential Decree. |
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| Article 6 (Chairperson) |
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| (1) | The Commission Chairperson shall represent the Commission, preside over Commission meetings, and have overall control over administrative affairs within his/her remit. |
| (2) | If necessary, the Commission Chairperson may attend a meeting of the State Council to express his/her opinions and may recommend the Prime Minister to present a legislative bill on administrative affairs within his/her remit. |
| (3) | The Commission Chairperson may attend a meeting of the National Assembly to express his/her opinions on administrative affairs within his/her remit and may attend a meeting of the National Assembly to report or to answer questions when the National Assembly demands him/her to do so. |
| (4) | If the Commission Chairperson is unable to perform his/her duties, the Vice Chairperson or one of the committee members designated in advance by the Committee shall act on behalf of the Commission Chairperson in the order named. |
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| Article 7 (Term of Office for Commission Members) |
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The term of office for each Commission member shall be three years, which may be renewed only once.
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| Article 8 (Guarantee of Status, etc.) |
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| (1) | Except for the following cases, no Commission member shall be dismissed from office against his/her will: |
| 1. | Where a Commission member is unable to perform his/her duties during a long period due to mental or physical disorder; |
| 2. | Where a Commission member is disqualified on a ground under Article 10; |
| 3. | Where a Commission member breaches any of his/her official duties under this Act or any other Act; |
| 4. | Where a Commission member derives any unjust enrichment in connection with his/her duties in the Committee under this Act or any other Act. |
| (2) | No Commission member shall be subject to any unjust instruction or interference. |
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| Article 9 (Prohibition of Concurrent Holding of Office, etc.) |
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| (1) | No standing member shall engage in any business activity for profit other than his/her public service or hold any other office concurrently. |
| (2) | No Commission member shall participate in political activities. |
| (3) | Necessary matters regarding the limitations on the business activities for profit under paragraph (1) shall be prescribed by Presidential Decree. |
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| Article 10 (Grounds for Disqualification) |
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| (1) | No person who falls under any of the following subparagraphs shall be qualified as a Commission member: |
| 2. | A person who has been expelled in accordance with a resolution on impeachment; |
| 4. | A person who has worked or has been working as the head or an employee of a user of nuclear energy or an organization of users of nuclear energy during the preceding three years; |
| 5. | A person who has been involved or is involved in a project entrusted as a research and development task by a user of nuclear energy or an organization of users of nuclear energy or a project carried out by a user of nuclear energy or an organization of users of nuclear energy during the preceding three years. |
| (2) | If a Commission member falls under any subparagraph of paragraph (1), he/she shall be dismissed from office automatically. |
CHAPTER Ⅲ ADMINISTRATIVE AFFAIRS OF COMMISSION
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| Article 11 (Administrative Affairs of Commission) |
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| (1) | The administrative affairs within the remit of the Commission shall be as follows: |
| 1. | Matters regarding the safety management of nuclear energy; |
| 2. | Matters regarding research and development for the safety management of nuclear energy; |
| 3. | Other matters specified by this Act or any other Act as administrative affairs of the Commission. |
| (2) | Further details of administrative affairs of the Commission under paragraph (1) shall be prescribed by Presidential Decree. |
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| Article 12 (Matters subject to Deliberation and Resolution by Commission) |
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The Commission shall deliberate on and determine the following matters among administrative affairs within its remit:
| 1. | Synthesization and coordination of matters regarding the safety management of nuclear energy; |
| 3. | Matters regarding regulation of nuclear materials and nuclear reactors; |
| 4. | Matters regarding the defense against hazards caused by radioactive exposure in the use of nuclear energy; |
| 5. | Matters regarding the permit, re-permit, authorization, approval, registration, revocation, etc. in regard to users of nuclear energy; |
| 6. | Matters regarding measures against prohibited activities of users of nuclear energy and the imposition of penalty surcharges; |
| 7. | Matters regarding estimation and allocation plan for expenses for the safety management of nuclear energy; |
| 8. | Matters regarding surveys, tests, research, and development in regard to the safety management of nuclear energy; |
| 9. | Matters regarding the education and training of researchers and engineers for the safety management of nuclear energy; |
| 10. | Matters regarding the safety management of radioactive waste; |
| 11. | Matters regarding countermeasures against radioactive disasters; |
| 12. | Matters regarding international cooperation in the safety of nuclear energy; |
| 13. | Matters regarding the formulation and execution of the budget of the Commission; |
| 14. | Matters regarding the enactment, amendment, and repeal of relevant Acts, subordinate statutes, and the Commission rules; |
| 15. | Matters specified by this Act or other Acts as matters subject to deliberation and resolution by the Commission. |
CHAPTER Ⅳ OPERATION OF COMMISSION
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| Article 13 (Meetings) |
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| (1) | A meeting of the Commission shall be convened by the Commission Chairperson when two or more Commission members so request: Provided, That the Commission Chairperson may convene a meeting in his/her sole discretion. |
| (2) | A meeting of the Commission shall adopt a resolution by an affirmative vote of the majority of incumbent members. |
| (3) | Any Commission member may propose an agenda item. |
| (4) | In principle, meetings of the Commission shall be open to the public. |
| (5) | The Commission shall prepare and preserve meeting minutes, as prescribed by the Commission rules. |
| (6) | Other necessary matters regarding the operation of meetings of the Commission shall be prescribed by the Commission rules. |
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| Article 14 (Exclusion, Challenge, Evasion of Commission Members) |
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| (1) | If a Commission member falls under any of the following subparagraphs, he/she shall be excluded from performance of his/her duties: |
| 1. | If a Commission member or a person who is or was his/her spouse is a party to the case at issue or is a joint right holder or an obligor in the case at issue; |
| 2. | If a Commission member is or was a relative of a party to the case at issue; |
| 3. | If a Commission member served as a witness or an expert witness in the case at issue; |
| 4. | If a Commission member is or was involved as the agent of a party to the case at issue; |
| 5. | If a Commission member was involved in the disposition or inaction that is the case at issue. |
| (2) | The Commission shall determine exclusion in its discretion or at the request of a party to the case at issue. |
| (3) | If grounds exist to believe that it is impractical to expect a Commission member's impartiality in deliberation and resolution, a party to the case at issue may file a challenge, and the Commission shall make a decision thereon by resolution. |
| (4) | A Commission member may voluntarily evade the case at issue if he/she has a ground under paragraph (1) or (3). |
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| Article 15 (Establishment of Special Committee) |
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| (1) | If it is necessary to seek working-level advice on administrative affairs of the Commission, carry out preliminary review on matters subject to deliberation and resolution, or efficiently carry out administrative affairs delegated by the Commission, the Commission may establish a special committee under its jurisdiction. |
| (2) | Necessary matters regarding the composition and operation of a special committee under paragraph (1) shall be prescribed by Presidential Decree. |
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| Article 16 (Annual Report) |
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| (1) | The Commission shall submit a report on the Commission's performance of affairs for each fiscal year to the National Assembly within three months after the end of each fiscal year. |
| (2) | The Commission shall publish the report under paragraph (1): Provided, That the Commission may omit the publishing by resolution, if there is a reasonable ground to believe that publishing the report is not proper. |
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| Article 17 (Secretariat) |
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| (1) | The Commission shall establish the secretariat to handle administrative affairs. |
| (2) | The secretariat shall employ one secretary general and employees as necessary, who shall be appointed by the Commission Chairperson. |
| (3) | Employees of the secretariat shall be public officials in general service in the relevant series of classes, but public officials who are not in the relevant series of classes may be placed in the secretariat, as prescribed by Presidential Decree. |
| (4) | Other matters necessary for the organization and operation of the secretariat shall be prescribed by Presidential Decree. |
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| Article 18 (Duty of Integrity) |
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No member of the special committees under Article 15 shall receive money, goods, or any other benefits from a person who engages in a business related to nuclear energy and subject to deliberation or regulation in accordance with this Act.
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| Article 19 (Penal Provisions) |
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A person who violates Article 18 shall be punished by imprisonment, with or without prison labor, for not more than 10 years.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measure concerning Administrative Affairs within Remit)
The administrative affairs under Article 11 (1) of this Act, among administrative affairs within the remit of the Atomic Energy Safety Commission under the control of the Minister of Education, Science and Technology under the former Atomic Energy Act as at the time this Act enters into force, shall be transferred to the Nuclear Safety and Security Commission under this Act. Article 3 (Transitional Measure concerning Permit or other Acts)
Any act taken by the Atomic Energy Safety Commission under the control of the Minister of Education, Science and Technology pursuant to the former Atomic Energy Act at the time this Act enters into force and any act taken in relation to the Atomic Energy Safety Commission under the control of the Minister of Education, Science and Technology shall be deemed an act taken by or in relation to the Nuclear Safety and Security Commission under this Act. Article 4 Omitted.
Article 5 (Relationship to Other Acts and Subordinate Statutes)
A citation of the "Atomic Energy Safety Commission", "Chairperson of the Atomic Energy Safety Commission", "Ministry of Education, Science and Technology", or "Minister of Education, Science and Technology" in any other Act or subordinate statute in force as at the time this Act enters into force shall be respectively deemed a citation of the "Nuclear Safety and Security Commission" or "Chairperson of the Nuclear Safety and Security Commission" under this Act depending upon the details of the affairs prescribed in the relevant Acts or subordinate statutes.
Last updated : 2013-04-08