Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Radioactive Waste Management Act and matters necessary for enforcing that Act.
Article 2(Modification of master plans for radioactive waste management) #
"Important matters prescribed by Presidential Decree" in the latter part of Article 6 (2) of the Act means the following:
1. Matters regarding a framework policy for the management of radioactive waste;
2. Matters regarding facility planning, such as site selection for radioactive waste management facilities;
3. Matters regarding investment plans for radioactive waste management facilities.
Article 3(Radioactive waste management services) #
"Ancillary businesses prescribed by Presidential Decree, such as research and development, human resources development, and international cooperation" in subparagraph 5 of Article 9 of the Act means the following:
1. Research and development, professional human resources development, and international cooperation for radioactive waste management;
2. Mutual cooperation with residents in the vicinity of radioactive waste management facilities;
3. Environmental surveys on the surrounding areas of radioactive waste management facilities;
4. Provision of technical support and information related to radioactive waste management to persons that generate radioactive waste (hereinafter referred to as "radioactive waste generators").
Article 4(Procedures and methods for transfer of radioactive waste) #
(1) A radioactive waste generator who intends to transfer radioactive waste pursuant to Article 13 (1) of the Act shall request a radioactive waste management agency under Article 10 of the Act (hereinafter referred to as the "radioactive waste management agency") to acquire the relevant radioactive waste, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, by no later than 3 months before the date of transfer. <Amended on Mar. 23, 2013>
(2) Upon receipt of a request for acquisition under paragraph (1), the radioactive waste management agency shall determine matters necessary for the acquisition of radioactive waste, such as the scheduled date and quantity of acquisition, and notify the radioactive waste generator who intends to transfer the radioactive waste by no later than 1 month before the scheduled date of acquisition, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013>
(3) The place where the radioactive waste generator transfers radioactive waste shall be a radioactive waste management facility designated by the radioactive waste management agency; provided, the radioactive waste management agency may determine the place of transfer differently in consultation with the radioactive waste generator.
(4) When the radioactive waste generator transfers radioactive waste to the radioactive waste management agency, the methods or procedures for the classification, packing, transportation, etc. of radioactive waste shall comply with the standards for transfer determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013>
(5) Where the methods or procedures for the classification, packing, transportation, etc. of radioactive waste fail to meet the standards for transfer under paragraph (4), the radioactive waste management agency may return the radioactive waste or take necessary measures, such as reclassification and packing, in compliance with the standards for transfer; in such cases, expenses incurred in returning, reclassifying, packing, etc. of radioactive waste shall be borne by the radioactive waste generator.
(6) Except as provided for in paragraphs (1) through (5), detailed matters necessary for the procedures, methods, etc. for transferring radioactive waste shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013>
Article 5(Standard for calculation of radioactive waste management expenses) #
(1) The standards for calculation of expenses incurred in managing radioactive waste under Article 14 (1) of the Act (hereinafter referred to as "management expenses") shall be as specified in Appendix 1.
(2) Management expenses per unit to which the standards for calculation of management expenses under paragraph (1) are applicable shall be publicly notified by the Minister of Trade, Industry and Energy. The same shall also apply where he or she changes such expenses. <Amended on March 23, 2013>
(3) The Minister of Trade, Industry and Energy shall review the standards for calculation of management expenses under paragraph (1) (including the values of variables used for the calculation standards) every 2 years. <Amended on Mar. 23, 2013>
(4) Where the Minister of Trade, Industry and Energy intends to change the standards for calculation of management expenses (including the values of variables used in the calculation standards) as a result of the review under paragraph (3), he or she may hear the opinions of the radioactive waste management agency and radioactive waste generators in advance. <Amended on Mar. 23, 2013>
Article 6(Accumulation of Management Expenses) #
(1) "Person prescribed by Presidential Decree" in Article 14 (4) of the Act means the Korea Atomic Energy Research Institute under the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes (hereinafter referred to as the "Korea Atomic Energy Research Institute").
(2) The Korea Atomic Energy Research Institute shall establish and manage a separate and independent account for the amount accumulated to cover management expenses pursuant to Article 14 (4) of the Act.
Article 7(Payment of management expenses and payment to Fund) #
(1) The radioactive waste management agency shall, when notifying a radioactive waste generator of the matters necessary for the receipt of radioactive waste pursuant to Article 4 (2), make a notice of payment of management expenses together.
(2) A notice of payment of management expenses under paragraph (1) shall be made in writing (including electronic documents) stating the amount of management expenses to be paid, the basis for calculation thereof, the deadline for payment, the place of payment, and other necessary matters.
(3) The radioactive waste management agency shall pay the management expenses received from radioactive waste generators (including interest, where interest is accrued) in every month to the Radioactive Waste Management Fund under Article 28 of the Act (hereinafter referred to as the "Fund") by the last day of the relevant month. <Amended on Nov. 29, 2016>
(4) The radioactive waste management agency shall notify the Minister of Trade, Industry and Energy of the details of payment of management expenses to the Fund within 5vdays from the date of payment of such expenses. <Amended on Mar. 23, 2013>
Article 8(Standards for calculation of spent nuclear fuel management charges) #
(1) The standards for calculation of the charges for the management of spent nuclear fuel under Article 15 (1) of the Act (hereinafter referred to as "charges") shall be as specified in Appendix 2.
(2) Article 5 (3) and (4) shall apply mutatis mutandis to the review and modification of the standards for calculation of charges; in such cases, "management expenses" shall be construed as "charges", and "radioactive waste generators" as "nuclear power plant operators".
Article 9(Time for payment of charges) #
(1) Charges shall be imposed and collected on a quarterly basis.
(2) Where the Minister of Trade, Industry and Energy imposes and collects charges, he or she shall notify a nuclear power plant operator under Article 12 (1) 3 of the Electric Utility Act (hereinafter referred to as "nuclear power plant operator") of the payment of charges for spent nuclear fuel generated in the relevant quarter within 25 days from the date on which the quarter ends. <Amended on Mar. 23, 2013>
(3) A notice of payment of management expenses under paragraph (2) shall be made in writing (including electronic documents) stating the amount of management expenses to be paid, the basis for calculation thereof, the deadline for payment, the place of payment, and other necessary matters.
(4) The payment deadline referred to in paragraph (3) shall be within 2 months from the date of the notification.
Article 10(Additional charges) #
Additional charges under Article 15 (2) of the Act shall be as follows:
1. If the overdue period (referring to the period beginning with the date immediately after the payment deadline for a charge and ending with the date immediately before the date of payment; hereafter in this Article the same shall apply) is not more than one month: The amount determined by calculating the amount equivalent to 15/1,000 of the charge on a daily basis for the number of overdue days;
2. If the overdue period is more than 1 month and less than 2 months: The sum of the additional due for the first 1 month (referring to the amount equivalent to 15/1,000 of the charge) and the additional due for the period exceeding 1 month (referring to the amount determined by calculating the amount equivalent to 10/1,000 of the charge on a daily basis for the number of overdue days);
3. If the overdue period is at least 2 months: The amount equivalent to 25/1,000 of the charge.
Article 11(Advance payment of management expenses or charges) #
(1) Where the Minister of Trade, Industry and Energy intends to require a nuclear power plant operator to pay management expenses or charges in advance pursuant to Article 16 (1) of the Act, he or she shall give a written notice (including electronic documents) stating the amount of management expenses or charges to be paid, the basis for calculating such management expenses or charges, the deadline for payment, the place where such expenses or charges are to be paid, and other necessary matters. <Amended on Mar. 23, 2013>
(2) The management expenses or charges under paragraph (1) shall be calculated through consultation with the nuclear power plant operator, taking into account the current status of the management and operation of the Fund, the construction plan with construction costs for radioactive waste management facilities, and other relevant matters; but shall not exceed the cost expected to be incurred in constructing the relevant radioactive waste management facilities.
(3) The Minister of Trade, Industry and Energy may, if the sum of the amount appropriated for the construction costs of radioactive waste management facilities from the Fund and the management expenses or charges paid in advance exceeds the construction costs of the relevant radioactive waste management facilities, return the excess amount to the nuclear power plant operator or may offset it with the management expenses or charges to be paid in the future if the nuclear power plant operator desires; in such cases, with respect to the period from the day following the day on which the payment is made in advance to the day on which the refund or offset is made, he or she shall refund or offset by adding the amount calculated according to the interest rate prescribed in Appendix 3 to the overpaid management expenses or charges.
(4) The Minister of Trade, Industry and Energy shall offset the management expenses or charges paid in advance, excluding the excess amount under paragraph (3), with the management expenses or charges to be paid in the future by the nuclear power plant operator; in such cases, with respect to the period from the day following the day on which the payment is made in advance to the day on which the offset is made, he or she shall offset by adding the amount calculated according to the interest rate prescribed in Appendix 3 to the management expenses or charges paid in advance. <Amended on March 23, 2013>
Article 12(Accumulation of reserve) #
(1) A nuclear power plant operator shall accumulate a reserve to be used for decommissioning the relevant nuclear power plant pursuant to Article 17 (1) of the Act (hereinafter referred to as "reserve") as reserve liabilities in accordance with the accounting standards under Article 5 of the Act on External Audit of Stock Companies. <Amended on Oct. 30, 2018>
(2) The standards for calculation of the reserve shall be as specified in Appendix 3.
(3) Article 5 (3) and (4) shall apply mutatis mutandis to the review and modification of the standards for calculation of the reserve. In such cases, "management expenses" shall be construed as "allowances", and "radioactive waste generators" as "nuclear power plant operators".
Article 13(Ex officio directors) #
"Ex officio directors prescribed by Presidential Decree" in Article 19 (2) of the Act means each of the following persons: <Amended on May 23, 2012; Mar. 23, 2013>
1. A person designated by the Minister of Trade, Industry and Energy from among the members of the Senior Executive Service of the Ministry of Trade, Industry and Energy;
2. A person appointed by the chairperson of the Nuclear Safety and Security Commission from among the members of the Senior Executive Service of the Nuclear Safety and Security Commission;
3. A person designated by the president of Korea Hydro & Nuclear Power Co., Ltd. from among directors in charge of radioactive waste affairs of Korea Hydro & Nuclear Power Co., Ltd.
Article 14(Entrustment of affairs) #
(1) "Radioactive waste management services prescribed by Presidential Decree" in Article 25 (1), with the exception of its subparagraphs, of the Act means the following services:
1. Collection, research, analysis, and management of materials for radioactive waste management;
2. Public relations for radioactive waste management;
3. Selection of sites and construction of radioactive waste management facilities;
4. Services referred to in the subparagraphs of Article 3.
(2) Where the Korea Authority of Nuclear Energy Agency (hereinafter referred to as the "Authority") intends to obtain approval from the Minister of Trade, Industry and Energy regarding the entrustment of radioactive waste management services pursuant to Article 25 (2) of the Act, it shall submit an application for approval (including an application for approval in electronic form) prescribed by Ordinance of the Ministry of Trade, Industry and Energy to the Minister of Trade, Industry and Energy, along with the following documents (including electronic documents): <Amended on Mar. 23, 2013; Dec. 11, 2013>
1. Statement of the reason for entrustment;
2. Entrustment agreement;
3. Business plan of the entrusted person;
4. Document certifying compliance with the requirements under Article 25 (1) 2 of the Act (those shall be submitted only by persons specified in that subparagraph).
Article 15(Creation of Fund) #
"Revenues prescribed by Presidential Decree" in subparagraph 5 of Article 29 of the Act means loans borrowed at the expense of the Fund.
Article 16(Use of Fund) #
"Business prescribed by Presidential Decree" in Article 30 (1) 3 of the Act means the following:
1. Preparation of authorization, permission, etc. related to the construction and operation of radioactive waste management facilities;
2. Planning, management, and evaluation to efficiently promote radioactive waste management services;
Article 17(Establishment and classification of fund account) #
(1) The Minister of Trade, Industry and Energy shall open a fund account with the Bank of Korea to clarify the revenue and expenditure of the Fund. <Amended on Mar. 23, 2013>
(2) The accounts to be separately accounted pursuant to the main sentence of Article 30 (2) of the Act and their uses shall be as follows:
1. Low and intermediate Level radioactive waste management account: Services related to the management of low and intermediate level radioactive waste;
2. Spent nuclear fuel management account: Services related to the management of spent nuclear fuel.
Article 18(Transfer of financial resources between accounts) #
When the Minister of Trade, Industry and Energy intends to transfer surplus financial resources pursuant to the proviso of Article 30 (2) of the Act, he or she shall undergo deliberation by the Fund Management Deliberative Committee under Article 74 (1) of the National Finance Act. <Amended on Mar. 23, 2013; Oct. 4, 2022>
Article 19 #
Deleted. <Oct. 4, 2022>
Article 20(Accounting entity for Fund) #
When the Minister of Trade, Industry and Energy delegates any part of his or her authority over the management and operation of the Fund pursuant to Article 37 of the Act to an entity or organization, he or she shall appoint an executive officer taking charge of the Fund revenue and an executive officer taking charge of the causative acts of the Fund expenditure, respectively, from among executive officers of the delegated agency or organization; and a Fund disbursing employee and a Fund accounting employee, respectively, from among its employees. In this regard, the executive officer taking charge of the Fund revenue shall perform duties as a fund revenue collection officer; the executive officer taking charge of the causative acts of the Fund expenditure as a fund financial officer; the Fund disbursing employee as a fund disbursing officer; and the Fund accounting employee as a fund accounting official, respectively. <Amended on Mar. 23, 2013>
Article 21(Operational rules of Fund) #
Except as provided in this Decree, matters necessary for the operation, management, etc. of the Fund, such as requirements for expenditure of the Fund, procedures for expenditure, and follow-up management, shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013>
Article 22(Orders requiring radioactive waste generator to take measures) #
(1) An order issued under Article 35 (1) of the Act shall be made in writing (including electronic documents) specifying the following matters:
1. Details of the non-performance of any of the obligations;
2. Details of the order and the reasons therefor;
3. Period for complying with the order.
(2) Where the Minister of Trade, Industry and Energy deems it impracticable to complete the compliance within the compliance period under paragraph (1) 3 due to a natural disaster or any other unavoidable reason, he or she may extend the compliance period only once upon application of the relevant radioactive waste generator or the radioactive waste management agency. <Amended on Mar. 23, 2013>
(3) When the radioactive waste generator or the radioactive waste management agency has complied with an order issued under Article 35 (1) of the Act, it shall notify the Minister of Trade, Industry and Energy of the results of the compliance without delay. <Amended on Mar. 23, 2013>
Article 23(Delegation of authority) #
(1) "Entities or organizations prescribed by Presidential Decree" in Article 37 of the Act means the following: <Amended on Apr. 21, 2009; Apr. 13, 2010>
1. Nuclear power plant operator;
2. Non-profit corporations, research institutes affiliated with universities and colleges, and research institutes that perform duties related to nuclear energy or radioactive waste;
3. The Korea Institute of Energy Technology Evaluation and Planning under Article 13 of the Energy Act.
(2) Pursuant to Article 37 of the Act, the Minister of Trade, Industry and Energy shall delegate the following authority to any of the entities and organizations designated and publicly notified by the Minister of Trade, Industry and Energy from among those under paragraph (1). <Amended on Mar. 23, 2013>
1. Investigation into the current status, etc. of the generation and management of radioactive waste under Article 8 (1) of the Act;
2. Request for submission of materials necessary for an investigation under Article 8 (2) of the Act.
(3) The Minister of Trade, Industry and Energy shall delegate the following authorities to the Agency pursuant to Article 37 of the Act. <Amended on Mar. 23, 2013>
1. Imposition and collection of charges under Article 15 (1) of the Act;
2. Collection of additional charges under Article 15 (2) of the Act:
3. Demanding payment of charges and additional charges under Article 15 (3) of the Act;
4. Management and operation of the Fund under Article 31 (1) of the Act.
Article 24(Administrative fines) #
The criteria for imposing administrative fines under Article 45 (1) of the Act shall be as specified in Appendix 4.