Article 1(Purpose) #
The purpose of this Act is to establish the Korea Institute of Nuclear Safety as a specialized nuclear safety regulation institute to protect citizens from radioactive disasters caused by the production and use of nuclear energy and to contribute to public safety and environmental conservation.
[This Article Wholly Amended on May 8, 2009]
Article 2(Legal personality) #
The Korea Institute of Nuclear Safety (hereinafter referred to as "KINS") shall be a juristic person.
[This Article Wholly Amended on May 8, 2009]
Article 3(Establishment) #
(1) KINS shall be established by registering its establishment at the location of its main office.
(2) Matters to be registered for incorporation under paragraph (1) shall be as follows:
1. Objectives;
2. Name;
3. Location of the principal office;
4. Names and addresses of the executive officers;
5. Methods of making public announcement.
(3) The provisions of the Civil Act governing the registration of incorporated foundations shall apply mutatis mutandis to any registration other than the registration of incorporation.
[This Article Wholly Amended on May 8, 2009]
Article 4(Offices) #
(1) The location of the main office of KINS shall be determined by the articles of incorporation.
(2) KINS may establish branch offices as prescribed by the articles of incorporation.
[This Article Wholly Amended on May 8, 2009]
Article 5(Articles of incorporation) #
(1) The articles of incorporation of KINS shall contain the following matters:
1. Objectives;
2. Name;
3. Location of the principal office;
4. Matters regarding business and finance;
5. Matters regarding executive officers;
6. Matters regarding the board of directors;
7. Matters regarding amendments to the articles of incorporation;
8. Matters regarding the methods of public announcement.
(2) Where KINS intends to amend its articles of association, it shall obtain authorization from the Nuclear Safety and Security Commission 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 Commission"). <Amended Jul. 25, 2011>
[This Article Wholly Amended on May 8, 2009]
Article 6(Business affairs) #
KINS shall conduct the following business affairs in order to achieve the purpose prescribed in Article 1:
1. Affairs entrusted pursuant to Article 111 (1) of the Nuclear Safety Act and Article 45 (1) of the Act on Measures for the Protection of Nuclear Facilities and Prevention of Radiation Disasters;
2. Research and development on nuclear safety regulation;
3. Technical support for the development of policies and systems on nuclear safety regulation;
4. Technical support for radiation protection;
5. Management of information on nuclear safety regulation;
6. Investigation and evaluation of environmental radiation;
7. Education on nuclear safety regulation;
8. Support for international cooperation on nuclear safety regulation;
9. Business affairs incidental to subparagraphs 1 through 8, which are deemed necessary by the Nuclear Safety and Security Commission.
[This Article Wholly Amended on Jul. 25, 2011]
Article 6-2(Independence and neutrality of duties) #
KINS shall perform its duties from an independent and neutral standpoint when conducting business affairs under Article 6.
[This Article Added on Jun. 9, 2020]
Article 7(Cooperation in duties) #
KINS may, if deemed necessary for the smooth performance of the projects referred to in Article 6, establish a technical partnership with domestic and foreign research institutes, universities, specialized organizations, or industrial entities, or entrust or entrust technical services.
[This Article Wholly Amended on May 8, 2009]
Article 8(Business year) #
The business year of KINS shall coincide with the fiscal year of the Government.
[This Article Wholly Amended on May 8, 2009]
Article 9(Executive officers) #
(1) KINS shall have up to 11 directors, including the president, and 1 auditor, as its executive officers.
(2) The term of office of the president shall be 3 years, and the term of office of directors and an auditor shall be 2 years, and the president, directors, and auditor may be reappointed on a yearly basis.
(3) Among the directors referred to in paragraph (1), the president shall be a standing director, and directors other than the president shall be non-standing directors.
(4) Executive officers, other than the president, shall be appointed as prescribed by the Act on the Management of Public Institutions and the articles of incorporation.
(5) Except as provided in paragraphs (1) through (4), matters necessary for the duties, etc. of executive officers shall be prescribed by the articles of incorporation.
[This Article Wholly Amended on May 8, 2009]
Article 9-2(Grounds for disqualification) #
(1) None of the following persons shall become an executive officer: <Amended on May 19, 2020; Oct. 22, 2024>
1. A person who falls within any subparagraph of Article 33 of the State Public Officials Act;
2. A member of a political party under Article 22 of the Political Parties Act;
3. A person who serves as an executive officer or employee (excluding teachers) of any of the following institutions or for whom 3 years have not passed since he or she retired from office:
(a) An institution that has obtained permission pursuant to Article 10 (1) or 20 (1) of the Nuclear Safety Act
(b) An institution that has obtained permission pursuant to Article 30 (1) or 30-2 (1) of the Nuclear Safety Act;
(c) An institution that has obtained permission in accordance with Article 35 (1) or 39-4 (1) of the Nuclear Safety Act;
(d) An Institution that has obtained permission pursuant to Article 63 (1) of the Nuclear Safety Act;
4. A person who is currently performing, or has performed a research and development project (excluding national research and development programs under the Framework Act on Science and Technology) or any other project entrusted by from an institution specified in any item of subparagraph 3 in an amount equal to at least 10 million won within the last 3 years.
(2) When an executive officer falls within any subparagraph of paragraph (1), he or she shall retire ipso facto from his or her office.
(3) KINS may request an institution specified in items of paragraph (1) 3 to provide data necessary for determining whether an executive officer falls under any ground for disqualification under paragraph (1) 3 or 4. Upon receipt of such request, the institution shall comply therewith unless there is a special reason not to do so. <Added on May 19, 2020>
[This Article Added on Oct. 24, 2017]
Article 10(Board of directors) #
(1) KINS shall have a board of directors to deliberate and decide on important matters of KINS.
(2) The chairperson of the board of directors shall be appointed from among directors in accordance with the procedures prescribed by the articles of association.
(3) Meetings of the board of directors shall be convened by the chairperson of the board of directors or at the request of at least 1/3 of all incumbent directors, and the chairperson of the board of directors shall preside over such meetings.
(4) The chairperson of the board of directors shall not concurrently serve as the president of KINS.
(5) The auditor may attend a meeting of the board of directors and present his or her opinions.
(6) Other necessary matters regarding the operation, etc. of the board of directors shall be prescribed by the articles of association.
[This Article Wholly Amended on May 8, 2009]
Article 11(President) #
(1) KINS shall have 1 president.
(2) The president of KISTshall be appointed by the President on the recommendation of the chairperson of the Nuclear Safety and Security Commission. <Amended on Jun. 9, 2020>
(3) The president shall represent KINS, exercise overall control over its affairs, and direct and supervise its employees.
(4) Matters necessary for the appointment of the president under paragraph (2) shall be prescribed by Presidential Decree. <Amended on Jun. 9, 2020>
[This Article Wholly Amended on May 8, 2009]
Article 12(Organization and employees) #
(1) KINS shall have an organization and employees necessary for conducting its business, and the establishment of the organization and the fixed number of employees shall be determined by the president following a resolution by the board of directors. <Amended on Jun. 9, 2020>
(2) The employees of KINS shall be appointed and dismissed by the president as prescribed by the articles of incorporation. <Added on Jun. 9, 2020>
[This Article Wholly Amended on May 8, 2009]
Article 12-2(Restrictions on concurrent holding of office by executive officers and employees) #
(1) The president and employees of KINS shall not engage in any profit-making business other than their duties.
(2) Where the president has obtained permission from the President or the chairperson of the Nuclear Safety and Security Commission and where an employee has obtained permission from the president, he or she may concurrently engage in non-profit business affairs.
(3) No executive officers and employees of the KINS shall not engage in political activities.
[This Article Added on Jun. 9, 2020]
Article 13(Operational financial resources) #
KINS shall be operated with the following financial resources:
1. Contributions by the Government or persons other than the Government;
2. Deleted. <Jun. 22, 2015>
3. Other revenues.
[This Article Wholly Amended on May 8, 2009]
Article 14(Contributions) #
(1) The Government may provide contributions to KINS within the budget to cover expenses incurred in the establishment and operation of KINS.
(2) Matters necessary for the payment of contributions under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on May 8, 2009]
Article 15 #
Deleted. <Jun. 22, 2015>
Article 16(Gratuitous lending of State property) #
If deemed necessary for the establishment and operation of KINS, the Government may gratuitously lend State property to KINS as prescribed by the State Property Act.
[This Article Wholly Amended on May 8, 2009]
Article 17(Business plans and budget) #
KINS shall submit its business plan and budget statement each business year to the Nuclear Safety and Security Commission for approval as prescribed by Presidential Decree. The same shall also apply where it intends to change its business plan and budget. <Amended on Jul. 25, 2011>
[This Article Wholly Amended on May 8, 2009]
Article 18(Report on business and settlement of accounts) #
(1) KINS shall report the results of execution of its business plans on a quarterly basis to the Nuclear Safety and Security Commission. <Amended on Jul. 25, 2011>
(2) The end of each fiscal year, KINS shall prepare a statement of settlement of accounts for the relevant fiscal year without delay and undergo an audit by an accounting auditor appointed from among any of the following persons (hereinafter referred to as "accounting auditor"), as prescribed by the Board of Audit and Inspection Regulations. In such cases, KINS shall submit the statement of settlement of accounts to the accounting auditor within the period prescribed by the Board of Audit and Inspection Regulations after the end of each fiscal year: <Amended on Oct. 31, 2017>
1. Accounting corporation established under Article 23 of the Certified Public Accountant Act;
2. Audit team under subparagraph 7 (b) of Article 2 of the Act on External Audit of Stock Companies.
(3) KINS shall submit a statement of settlement of accounts under paragraph (2) to the Nuclear Safety and Security Commission and finalize the settlement of accounts by obtaining approval therefor, within two months after the end of each fiscal year. <Amended on Jul. 25, 2011>
(4) In cases falling under paragraph (2), matters directly related to affairs classified as State secrets among the matters to be entered in the statement of accounts may be excluded from the auditor's audit.
[This Article Wholly Amended on May 8, 2009]
Article 19(Request for submission of materials) #
(1) KINS may request State agencies, local governments, public organizations, public institutions under the Act on the Management of Public Institutions, research institutes, educational institutions, or nuclear energy-related business operators, etc. to submit data necessary for performing projects.
(2) The heads of such entities in receipt of a request for submission of materials under to paragraph (1) shall submit such materials unless there is a special reason not to do so.
[This Article Wholly Amended on May 8, 2009]
Article 20(Prohibition of use of similar title) #
No person, other than KINS under this Act, shall use the name "Korea Institute of Nuclear Safety" or any other name similar thereto.
[This Article Wholly Amended on May 8, 2009]
Article 21(Duty of confidentiality) #
No current or former executive officer or employee of KINS shall divulge or misappropriate any confidential information he or she has learned in the course of performing his or her duties.
[This Article Wholly Amended on May 8, 2009]
Article 22(Application mutatis mutandis of the Civil Act) #
Except as provided in this Act and the Act on the Management of Public Institutions, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to KINS.
[This Article Wholly Amended on May 8, 2009]
Article 22-2(Legal fiction as public officials in application of penalty provisions) #
The executive officers and employees of KINS shall be deemed public officials for the purposes of applying Articles 129 through 132 of the Criminal Act.
[This Article Added on Jun. 9, 2020]
Article 23(Penalty provisions) #
Any person who divulges or misappropriates confidential information, in violation of Article 21, shall be punished by imprisonment with labor for not more than 3 years or by a fine not exceeding 30 million won. <Amended on Oct. 15, 2014>
[This Article Wholly Amended on May 8, 2009]
Article 24(Administrative fines) #
(1) A person who uses a similar name, in violation of Article 20, shall be subject to an administrative fine not exceeding 1 million won.
(2) Administrative fines under paragraph (1) shall be imposed and collected by the Nuclear Safety and Security Commission. <Amended on Jul. 25, 2011>
[This Article Wholly Amended on May 8, 2009]