ENFORCEMENT DECREE OF THE NUCLEAR SAFETY ACT

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ENFORCEMENT DECREE OF THE NUCLEAR SAFETY ACT — 법갈피

Article 25-3(Criteria for Designation of Performance Test Management Institutions) #

(1) The criteria for designation of a performance test management institution under Article 15-4 (4) of the Act shall be as follows:

1. That it shall have a permanent organization necessary for efficiently managing performance testing institutes;

2. That it shall have the following specialists who can manage performance testing institutes:

(a) At least one of the following persons:

(i) A professional radiation control engineer or professional nuclear power generation engineer qualified under the National Technical Qualifications Act who has engaged in the field of nuclear energy for at least three years;

(ii) A person who has engaged in the field of nuclear energy for at least three years after obtaining a doctor's degree in science or engineering;

(iii) A person who has engaged in the field of nuclear energy for at least five years after obtaining a master's degree in science or engineering;

(iv) A person who has engaged in the field of nuclear energy for at least seven years after obtaining a bachelor's degree in science or engineering;

(b) At least two of the following persons:

(i) A person who has engaged in the field of nuclear energy for at least three years after obtaining a bachelor's degree in science or engineering;

(ii) A person who has engaged in the field of nuclear energy for at least five years after obtaining an associate bachelor's degree in science or engineering;

(iii) A person who has engaged in the field of nuclear energy for at least seven years after graduating from a high school or high technical school referred to in subparagraph 3 of Article 2 of the Elementary and Secondary Education Act;

3. That it shall have operational regulations necessary for performing the business affairs as a performance test management institution.

(2) The scope of business affairs of performance test management institutions shall be as follows:

1. Matters concerning the certification of performance testing institutes;

2. Matters concerning ex post facto management, such as inspections conducted on performance testing institutes and corrective measures taken thereagainst;

3. Fact-finding surveys on the operating status, etc. of performance testing institutes;

4. Support for performance testing institutes to improve performance testing affairs.

[This Article Added on Nov. 19, 2014]

Article 36(Timing for Periodic Safety Reviews) #

(1) Pursuant to Article 23 (1) of the Act, each operator of a nuclear power reactor shall comprehensively review the safety of the reactor facilities every 10 years from the date he or she has obtained an operating license of such reactor facilities (if he or she has obtained a construction permit and an operating license simultaneously, the date the nuclear reactor first reaches its criticality shall be deemed the date he or she has obtained the operating license; hereafter the same shall apply in this Article), and prepare and submit a review report to the Commission.

(2) The review report referred to in paragraph (1) shall be prepared for each reactor facility separately, and every 10th anniversary of the date the operating license of the relevant reactor facilities is granted shall be the base date for review, and the review report shall be submitted within the period of three years to one and a half years prior to the base date for review. <Amended on Dec. 30, 2022>

(3) With respect to reactor facilities covered by a final safety analysis report submitted under Article 20 (2) of the Act, a single periodic safety review report may be submitted after simultaneously reviewing the safety of the reactor facilities according to the review schedule for the reactor facility installed earliest; provided, the degree of wear and tear of equipment, differences in operational conditions, etc. depending on the period for operation of reactor facilities shall be separately considered when such review is conducted.

(4) Notwithstanding paragraph (2), when any operator of a nuclear power reactor intends to continue to operate reactor facilities after the design lifespan of the reactor facilities expires (hereinafter referred to as "continuous operation"), he or she shall submit a review report within the period of 10 years to five years prior to the base date for review which is the date of expiration of the design lifespan (including every 10th anniversary thereafter; hereafter in this Article the same shall apply). <Amended on Dec. 30, 2022>

(5) After submitting the review report pursuant to paragraph (4), the operator of a power generation reactor that intends to continue operation shall submit a review report confirming the validity of the evaluation results for each of paragraph (1) of Article 37 and paragraph (2) of that Article (referring to a case where the evaluation results for continuous operation are maintained; hereinafter the same shall apply) within the period from three years to one year and six months prior to the evaluation reference date pursuant to paragraph (4). <Added on Dec. 30, 2022>

(6) Notwithstanding paragraphs (1) and (2), where, pursuant to the proviso of Article 23 (1) of the Act, the whole or part of a reactor facility permanently suspended upon obtaining permission to alter a license under Article 21 (2) of the Act meets all of the following requirements, the operator of the relevant nuclear power reactor need not conduct a periodic safety review of the part unused: <Amended on Jul. 20, 2015; Dec. 30, 2022>

1. That the whole or part of the reactor facility shall not be used;

2. That failure to conduct a periodic safety review of the unused part of a facility under subparagraph 1 shall not affect safety;

3. That it shall be impracticable to apply the timing for, details and methods of periodic safety reviews, etc. under this Article through Article 39 to the unused part of a facility under subparagraph 1.

Article 37(Details of Periodic Safety Reviews) #

(1) The details of periodic safety reviews under Article 23 (3) of the Act shall include the following: <Amended on Nov. 19, 2014>

1. Matters concerning the design of reactor facilities;

2. Matters concerning the actual status of structures, systems and equipment crucial for safety;

3. Matters concerning deterministic safety analysis;

4. Matters concerning probabilistic safety reviews;

5. Matters concerning hazard analysis;

6. Matters concerning equipment verification;

7. Matters concerning aging degradation (referring to physical or chemical process that causes damage to the system, structure and equipment of a nuclear power plant by passage of time or use);

8. Matters concerning safety performance;

9. Matters concerning the utilization of nuclear power plant operating experience and research findings;

10. Matters concerning operation and maintenance procedures, etc.;

11. Matters concerning the organization, management structure and safety culture;

12. Matters concerning human factors (including matters concerning the situation of members, etc. necessary for the operation of a nuclear reactor);

13. Matters concerning radiation emergency plans formulated under Article 20 of the Act on Measures for the Protection of Nuclear Facilities and Prevention of Radiation Disasters;

14. Matters concerning radiological environmental impacts.

(2) When an operator of a nuclear power reactor who intends to engage in continuous operation prepares a review report pursuant to Article 36 (4) and (5), he or she shall additionally include the following in the matters specified in the subparagraphs of paragraph (1); in such cases, a review report under Article 36 (5) shall be prepared only for matters requiring the verification of validity of the results of evaluation of a review report submitted pursuant to paragraph (4) of that Article: <Amended on Dec. 30, 2022>

1. Assessment of lifespan of the main equipment based on the period for continuous operation;

2. Radiological environmental impact assessment changed after the operating license is granted.

(3) Details of the matters referred to in paragraphs (1) and (2) shall be prescribed by Ordinance of the Prime Minister. <Amended on Mar. 23, 2013>

Article 82-3(Appointment of Radiation Safety Managers) #

(1) Each licensed user or reported user shall appoint a radiation safety manager for each place of business pursuant to Article 53-3 (1) of the Act; and he or she shall, without delay, appoint a new radiation safety manager to replace or dismiss the appointed radiation safety manager. <Amended on Mar. 7, 2023>

(2) Notwithstanding paragraph (1), a person who has reported the establishment or change of a workplace (hereinafter referred to as "workplace") to move and use radioisotopes, etc. for the purpose of radiographic testing in a place other than his or her place of business pursuant to the proviso of Article 53 (1) of the Act shall appoint a radiation safety manager under paragraph (1) at each workplace; provided, where the workplace falls under any of the following, he or she may appoint a radiation safety manager according to the following, instead of appointing a radiation safety manager at each workplace:

1. Where the workplace is situated in the same Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) or within 15 kilometers from the boundary of the Si/Gun/Gu: One radiation safety manager at every up to two workplaces (where the radiation source is used only at the facilities reserved exclusively for the use of radiation, at every up to three workplaces);

2. Where the workplace uses only one radiation source, the period of radiation works is less than one month and a radiation safety manager always participates in radiation works: One radiation safety manager at every up to five workplaces.

(3) Where a licensed user or reported user appoints a radiation safety manager or a new radiation safety manager to replace or dismiss the appointed radiation safety manager pursuant to Article 53-3 (1) and (3) of the Act, he or she shall report thereon to the Commission, as prescribed by Ordinance of the Prime Minister, by no later than the following deadlines: <Amended on Mar. 7, 2023>

1. Where he or she appoints a radiation safety manager pursuant to the former part of Article 53-3 (1) of the Act: By no later than the date he or she starts using radioisotopes, etc.;

2. Where he or she replaces a radiation safety manager pursuant to the latter part of Article 53-3 (1) of the Act: By no later than such replacement;

3. Where he or she appoints a new radiation safety manager to dismiss the former radiation safety manager pursuant to Article 53-3 (3) of the Act: Within 30 days from the date of dismissal.

[This Article Added on Nov. 19, 2014]

[Moved from Article 82-2; previous Article 82-3 moved to Article 82-4 <Mar. 7, 2023>]

Article 85(Facility Inspections) #

(1) When a licensed user installs or alters facilities for the production, use, distribution, storage, retention, processing, and discharge of radioisotopes, etc. (hereinafter referred to as "facilities for use, etc.") pursuant to the main clause of Article 56 (1) of the Act, he or she shall have the relevant facilities inspected by the Commission.

(2) When a licensed user conducts a self-inspection of any of the following facilities for use, etc., as prescribed by Ordinance of the Prime Minister, and passes a documentary examination of the Commission with respect to the results of such self-inspection, a facility inspection under paragraph (1) shall be substituted by the relevant self-inspection; provided, the same shall not apply to the first inspection of the relevant facilities for use, etc.: <Amended on Mar. 23, 2013>

1. Facilities for use, etc. in which radiation equipment (limited to those that can be handled without additional installation of radiation shields) approved pursuant to the main clause of Article 60 (1) of the Act is installed;

2. Facilities for use, etc. in which radiation-generating devices approved pursuant to the main clause of Article 60 (1) of the Act and prescribed by Ordinance of the Prime Minister are installed;

3. Facilities for use, etc. of sealed radioisotopes of less than 370 gigabecquerels.

(3) When a business agent supervises any of the facilities for use, etc. referred to in the subparagraphs of paragraph (2), as prescribed by Ordinance of the Prime Minister, and passes a documentary examination of the Commission with respect to the results of such supervision, a facility inspection under paragraph (1) shall be substituted by such supervision; provided, the same shall not apply to the first inspection of the relevant facilities for use, etc. <Amended on Mar. 23, 2013>

(4) When the installation or alteration of facilities for use, etc. is found to conform to the terms and conditions of the license (including conditions prescribed in Article 99 of the Act) granted under Article 53 (1) of the Act as a result of a documentary examination on the results of the inspection under paragraph (1), self-inspection under paragraph (2) or supervision under paragraph (3), such facilities for use, etc. shall be deemed to have been passed such inspection.

(5) Pursuant to paragraph (1), the Commission shall inspect facilities for use, etc. which have failed in a documentary examination on the results of the self-inspection or supervision submitted under paragraph (2) or (3).

Article 88(Regular Inspections) #

(1) Pursuant to Article 56 (1) of the Act, each licensed user shall undergo a regular inspection conducted by the Commission with regard to facilities for use, etc. and the operation thereof, as prescribed by Ordinance of the Prime Minister. <Amended on Mar. 23, 2013>

(2) Pursuant to the main clause of Article 56 (1) of the Act, each business agent shall undergo a regular inspection conducted by the Commission with regard to the provision and details of his or her agency services, as prescribed by Ordinance of the Prime Minister. <Amended on Mar. 23, 2013>

(3) When a licensed user satisfying all the following requirements conducts a self-inspection with regard to facilities for use, etc. and the operation thereof, as prescribed by Ordinance of the Prime Minister, and passes a written inspection (hereafter in this Article referred to as "written inspection") by submitting findings of such self-inspection to the Commission, a regular inspection under paragraph (1) shall be substituted by such written inspection; provided, the same shall not apply to where the licensed user is required to undergo a regular inspection for the first time or where said licensed user is required to undergo a regular inspection immediately after undergoing a written inspection: <Amended on Mar. 23, 2013; Feb. 2, 2021>

1. A licensed user shall install and operate facilities for use, etc., the regular inspection cycle of which, prescribed by Ordinance of the Prime Minister, is three years or five years;

2. That he or she shall not be subjected to an order for correction or supplementation in the immediately preceding regular inspection;

3. A licensed user shall not fail to file a report (limited to reports on the relevant facilities for use, etc. and the operation thereof) under Article 98 (1) of the Act for the last three years counting from January 1 of the year in which a regular inspection is conducted;

4. A licensed user shall not have any cases of persons with abnormal reading for the last three years counting from January 1 of the year in which a regular inspection is conducted;

5. There shall be no occurrence of robbery, losses, fires, and other accidents involving radiation-generating devices, or radioactive materials, etc. referred to in Article 97 of the Act for the last five years counting from January 1 of the year in which a regular inspection is conducted.

(4) When facilities for use, etc. and the operation thereof are found to be maintained in conformity with the criteria provided in Articles 55 and 59 (1) of the Act as a result of an inspection conducted under paragraphs (1) and (2) or of a written inspection, he or she shall be deemed to have passed the inspection. <Amended on Feb. 2, 2021>

(5) The Commission shall conduct an inspection under paragraph (1) of facilities for use, etc. which have failed to pass a written inspection <Amended on Feb. 2, 2021>

Article 104-3(Details of Periodic Safety Reviews) #

(1) The periodic safety reviews pursuant to the main clause of Article 65-2 (1) of the Act shall include the following:

1. Matters concerning the design of radioactive waste management facilities, etc.;

2. Matters concerning the actual status of structures, systems and equipment crucial for safety;

3. Matters concerning safety reviews;

4. Matters concerning hazard analyses;

5. Matters concerning equipment verification;

6. Matters concerning aging degradation;

7. Matters concerning the utilization of safety capabilities, operational experience, and research results of radioactive waste management facilities, etc.;

8. Matters concerning operation and maintenance procedures, etc.;

9. Matters concerning the organization, management structure and safety culture;

10. Matters concerning radiation emergency plans formulated under Article 20 of the Act on Measures for the Protection of Nuclear Facilities and Prevention of Radiation Disasters;

11. Matters concerning radiological environmental impacts;

12. Matters related to each of the following items taking into consideration the types of radioactive waste management facilities, etc.:

(a) In cases of storage and processing facilities of radioactive wastes and their ancillary facilities (hereinafter referred to as "radioactive waste storage facilities, etc."): Matters concerning the dismantlement of radioactive waste storage facilities, etc.;

(b) In cases of disposal facilities of radioactive wastes and their ancillary facilities (hereinafter referred to as "radioactive waste disposal facilities, etc."): Matters concerning the closure and post-shutdown management of the radioactive waste disposal facilities, etc.

(2) The details of periodic safety reviews under Article 65-2 (1) of the Act shall include the following:

1. Whether radioactive waste management facilities, etc. subject to reviews are used;

2. Whether any safety of radioactive waste management facilities, etc. subject to reviews is hindered.

(3) Except as provided in paragraphs (1) and (2), necessary details regarding the periodic safety reviews shall be prescribed by Ordinance of the Prime Minister.

[This Article Added on Jun. 22, 2021]

Article 104-4(Methods and Criteria for Periodic Safety Reviews) #

(1) Methods of conducting periodic safety reviews under the main clause of Article 65-2 (1) of the Act shall be as follows:

1. To conduct independent assessments of the matters prescribed in the subparagraphs of Article 104-3 (1), and the combined assessment of co-related matters;

2. To conduct assessments of the matters prescribed in the subparagraphs of Article 104-3 (1) including quality assurance and protection from radiation therein (limited to where applicable);

3. To assess the comprehensive safety of the relevant reactor facilities in consideration of the assessment of the matters prescribed in the subparagraphs of Article 104-3 (1) and the results of safety measures taken based on such assessment.

(2) The periodic safety reviews prescribed in the main clause of Article 65-2 (1) of the Act shall be conducted in accordance with the technical standards valid for the relevant radioactive waste management facilities, etc. as at the time of such review; the safety level and safety measures of the radioactive waste management facilities, etc. over time shall be evaluated according to the following standards:

1. Radioactive waste management facilities, etc. shall maintain the safety functions in the aging degradation, and secure safety margin which guarantees the safety for 10 years from the base assessment date;

2. Every constructor and operator of radioactive waste management facilities, etc. shall formulate and implement a management plan to deal with the aging of radioactive waste management facilities, etc. in order to guarantee the safety functions of structures, systems and equipment and the safety margin thereof.

(3) Notwithstanding paragraph (2), the technical standards recognized by the Commission as not applicable or as not a hindrance to safety, even if they do not apply, may not apply, taking into consideration the purpose of use of radioactive waste management facilities, etc. subject to review, the operating principles, characteristics of design, and other factors.

(4) Methods of conducting periodic safety reviews under the proviso of Article 65-2 (1) of the Act shall be as follows:

1. Verification shall be made as to the fact that the radioactive waste management facilities, etc. subject to review remain unused as they are permanently suspended or the disposal activities thereof are completed;

2. Verification shall be made as to the fact that there is no hindrance to safety even if the regular safety reviews pursuant to the main clause of Article 65-2 (1) of the Act has not been conducted with respect to the radioactive waste management facilities, etc. subject to review.

[This Article Added on Jun. 22, 2021]

Article 105-3(Filing Applications for Approval to Decommission Reactor Facilities) #

(1) Where a person who has obtained permission for the construction and operation of radioactive waste storage facilities, etc. (hereinafter referred to as "constructor and operator of radioactive waste storage facilities, etc.") intends to obtain permission to decommission radioactive waste storage facilities, etc. under the former part of Article 68-3 (1) of the Act, he or she shall obtain a permit for permanent suspension under Article 64 (2) of the Act and prepare and submit an application for decommissioning approval to the Commission as prescribed by the Prime Ministerial Decree, within two years from the date of permanent suspension of the radioactive waste storage facilities, etc.

(2) Upon receipt of an application under paragraph (1), the Commission shall determine whether to grant approval within 18 months according to the following standards:

1. That the applicant shall have the technical capability necessary to decommission radioactive waste storage facilities, etc. as prescribed by Rules of the Commission;

2. That the plan, etc. to decommission radioactive waste storage facilities, etc. shall meet the standards prescribed by Rules of the Commission;

3. That the radiation exposure dose occurring in the course of decommissioning radioactive waste storage facilities, etc. shall be unlikely to exceed the dose limit referred to in subparagraph 4 of Article 2 and Appendix 1;

4. That the contents of the quality assurance plan for decommissioning are in accordance with the standards prescribed by Rules of the Commission.

(3) None of the following periods shall be included in calculating the processing time of approval prescribed in paragraph (2):

1. A period required for making supplementation or correction of application documents;

2. Other periods additionally required for unavoidable reasons, such as experiments to confirm safety. (1) Where a constructor and operator of radioactive waste storage facilities, etc. intends to change any matter approved pursuant to the latter part of Article 68-3 (1) of the Act, he or she shall prepare an application for approval for change, as prescribed by Ordinance of the Prime Minister, and submit such application to the Commission. In such cases, paragraphs (2) and (3) shall apply mutatis mutandis to the standards for approval for change and the inclusion of periods in the calculation of processing time.

[This Article Added on Jun. 22, 2021]

Article 107(Procedures and Methods for Self-Disposal of Radioactive Wastes) #

(1) Pursuant to Article 70 (3) of the Act, nuclear energy-related business operators referred to in Article 71 of the Act (hereinafter referred to as "nuclear energy-related business operator") may dispose of any of the following radioactive wastes confirmed by the Commission to be radioactive wastes other than the radioactive wastes under Article 70 (2) of the Act by means of incineration, reclamation, recycling, etc. (hereinafter referred to as "self-disposal"): <Amended on Sep. 11, 2014; Jul. 20, 2015; Aug. 1, 2023>

1. Radioactive wastes generated by nuclear energy-related business operators;

2. Radioactive wastes under management, the disposal of which is outsourced by nuclear energy-related business operators (excluding constructors and operators of radioactive waste management facilities, etc.).

(2) Each nuclear energy-related business operator who intends to conduct self-disposal pursuant to paragraph (1) shall submit a self-disposal plan accompanied by relevant documents to the Commission, as prescribed by Ordinance of the Prime Minister, whenever he or she conducts self-disposal of radioactive wastes. The same shall also apply to any revision thereof. <Amended on Mar. 23, 2013; Sep. 11, 2014>

(3) Notwithstanding the former part of paragraph (2), a nuclear energy-related business operator who intends to conduct self-disposal of radioactive wastes meeting all of the following requirements may submit a self-disposal plan referred to in paragraph (2) to the Commission every five years: <Amended on Sep. 11, 2014; May 26, 2020>

1. That the radioactive wastes shall include a nuclide with half-life less than five days;

2. That the radioactive wastes shall meet permissible standards for self-disposal determined and publicly announced by the Commission.

(4) The Commission shall examine whether a self-disposal plan submitted under paragraph (2) or (3) complies with the methods and procedures for self-disposal determined and publicly announced by the Commission, and notify the relevant nuclear energy-related business operator of the results thereof, as prescribed by Ordinance of the Prime Minister. <Added on Sep. 11, 2014; Aug. 1, 2023>

(5) A nuclear energy-related business operator, in receipt of notice that his or her self-disposal plan is appropriate pursuant to paragraph (4), may conduct self-disposal of the relevant radioactive wastes. <Added on Sep. 11, 2014>

(6) A person who conducts self-disposal pursuant to paragraph (5) shall keep records pertaining to the self-disposal of radioactive wastes for five years from the date of self-disposal. <Amended on Sep. 11, 2014>

(7) Before submitting a self-disposal plan under paragraph (2), a nuclear energy-related business operator may request that the Commission conduct a prior examination of the methods to measure and assess concentration by nuclide, which is stated in the self-disposal plan, as prescribed by Ordinance of the Prime Minister. <Added on Aug. 1, 2023>

(8) The Commission shall examine whether the details of an application filed pursuant to paragraph (7) comply with the methods and procedures for self-disposal determined and publicly notified by the Commission, and notify the applicant of the results thereof, as prescribed by Ordinance of the Prime Minister. <Added on Aug. 1, 2023>

(9) When the Commission examines a self-disposal plan pursuant to paragraph (4), it shall consider the results of the prior examination notified under paragraph (8). <Added on Aug. 1, 2023>

Article 111(Inspections of Packaging and Transport) #

(1) A nuclear energy-related business operator, and a person entrusted with the packaging or transport of radioactive materials, etc. thereby and prescribed by Ordinance of the Prime Minister shall undergo a regular inspection under Article 75 (1) of the Act, as prescribed by Ordinance of the Prime Minister. <Amended on Mar. 23, 2013>

(2) A nuclear energy-related business operator and a person entrusted with the packaging or transport of radioactive materials, etc. thereby shall have the packaging or transport of radioactive materials, etc. prescribed by Ordinance of the Prime Minister inspected pursuant to Article 75 (1) of the Act whenever packing or transporting such radioactive materials, etc. <Amended on Mar. 23, 2013>

(3) The Commission shall determine and publicly announce the methods and procedures for inspections of packaging or transport under paragraph (1) or (2), and other necessary matters.

(4) A person who intends to undergo an inspection of packaging or transport under paragraph (1) or (2) shall file an application for inspection with the Commission, as prescribed by Ordinance of the Prime Minister; provided, the same shall not apply where the Commission has formulated a regular inspection plan for the pertinent year and notified the relevant business operator of the regular inspection plan. <Amended on Mar. 23, 2013>

(5) When a nuclear energy-related business operator satisfying all the following requirements conducts a self-inspection for the subject matter of inspections prescribed by Ordinance of the Prime Minister, as prescribed by Ordinance of the Prime Minister, and passes a documentary examination of the Commission on the findings of such self-inspection, a regular inspection under paragraph (1) shall be substituted by such self-inspection; provided, the same shall not apply to the first regular inspection: <Amended on Mar. 23, 2013>

1. That he or she shall produce and sell radioisotopes in quantities below the standard quantities prescribed by Ordinance of the Prime Minister;

2. That he or she shall not be subjected to an order for correction or supplementation in the immediately preceding regular inspection;

3. That he or she shall not fail to submit a report (limited to reports related to inspections under Article 75 (1) of the Act) referred to in Article 98 (1) of the Act for the last three years counting from January 1 of the year in which a regular inspection is conducted;

4. There shall be no occurrence of robbery, losses, fires, and other accidents involving radiation-generating devices, or radioactive materials, etc. under Article 97 of the Act for the last five years counting from January 1 of the year in which a regular inspection is conducted.

(6) When the packaging and transport are found to conform to the details of a transport report submitted under Article 71 of the Act and the technical criteria provided for in Article 72 of the Act as a result of a documentary examination on the findings of the inspection under paragraphs (1) and (2) or self-inspection under paragraph (5), they shall be deemed to have passed the inspection.

(7) The Commission shall conduct an inspection under paragraph (1) for the subject matter of inspections which has failed in a documentary examination as a result of a self-inspection submitted pursuant to paragraph (5).

Article 113(Inspections of Transportation Containers) #

(1) Pursuant to the main clause of Article 77 (1) of the Act, each nuclear energy-related business operator shall undergo a manufacturing inspection when manufacturing transportation containers upon obtaining approval for design thereof, or importing transportation containers manufactured overseas.

(2) A nuclear energy-related business operator who intends to continue to use transportation containers shall undergo an in-service inspection of following matters every five years pursuant to the main clause of Article 77 (1) of the Act (hereinafter referred to as "in-service inspection"). In such cases, the timing for in-service inspections and other necessary matters shall be determined and publicly notified by the Commission: <Amended on Nov. 19, 2014>

1. B(U)-type transportation containers, B(M)-type transportation containers and C-type transportation containers;

2. Fissile material transportation containers.

(3) When a person who intends to undergo an in-service inspection has undergone a documentary examination of the Commission by submitting a self-inspection report, as prescribed by Ordinance of the Prime Minister, the in-service inspection under paragraph (2) shall be substituted by the submission of such self-inspection report. <Amended on Mar. 23, 2013>

(4) Criteria for manufacturing inspections and in-service inspections under paragraphs (1) and (2), criteria for documentary examinations on self-inspection reports under paragraph (3), and other necessary matters, shall be prescribed by Ordinance of the Prime Minister. <Amended on Mar. 23, 2013>

(5) When transportation containers are found to meet the criteria for inspections and the criteria for documentary examinations under paragraph (4) as a result of a manufacturing inspection, in-service inspection, and documentary examination conducted under paragraphs (1) through (3), such transportation containers shall be deemed to have passed such inspections and documentary examination.

Article 114-2(Filing Applications for Approval of Design of Spent Nuclear Fuel Storage Containers) #

(1) "Criteria for design prescribed by Presidential Decree" in the former part of of Article 77-2 (1) of the Act means the following criteria:

1. That the design, materials, structure and performance of storage containers, etc. prescribed in the former part of Article 77-2 (1) of the Act (hereinafter referred to as "storage containers, etc.") shall conform to the technical standards prescribed by the Rules of the Commission;

2. That the contents of the quality assurance plan on design pursuant to Article 77-2 (2) of the Act shall be in accordance with the standards prescribed by Rules of the Commission.

(2) Upon receipt of an application for approval for the design of a storage container, etc. under the former part of Article 77-2 (1) of the Act, the Commission shall notify the applicant of the appropriateness of the application documents and the review plan in writing within 45 days from the date of submission of the application.

(3) Upon receipt of an application for design approval of a storage container, etc. under the former part of Article 77-2 (1) of the Act, the Commission shall examine whether the design of the storage container, etc. meets the standards referred to in the subparagraphs of paragraph (1) and determine whether to grant approval, within 18 months from the date of submission of the application. In such cases, where the Commission decides to approve a design approval upon review, it shall issue a certificate of design approval to the applicant as prescribed by Ordinance of the Prime Minister.

(4) None of the following periods shall be included in calculating the processing time for approval prescribed in paragraph (3):

1. A period required for making supplementation or correction of application documents;

2. Other periods additionally required for unavoidable reasons, such as experiments to confirm safety.

(5) Any person who has obtained approval for design of storage containers, etc. shall, when intending to modify any matters approved pursuant to the latter part of Article 77-2 (1) of the Act, prepare an application for approval for modification and submit it to the Commission, as prescribed by Ordinance of the Prime Minister. In such cases, paragraphs (1) through (4) shall apply mutatis mutandis to the standards and procedures for approval for change, the processing time for such change, and the issuance of a written approval for change.

[This Article Added on Jun. 22, 2021]

Article 121(Exemption from Examinations) #

(1) The scope of written examinations to be exempted pursuant to Article 87 (2) of the Act shall be as follows: <Amended on Nov. 19, 2014>

1. A holder of a license referred to in Article 84 (2) 1 of the Act, who applies for a license examination for the senior nuclear operator of a nuclear reactor of the same type but different in at least one element of systems, capacity or suppliers of nuclear steam supply systems, shall be exempted from the subjects of the license examination referred to in subparagraph 1 (a) of Appendix 6, except 2) structure, material and design of reactor facilities and 3) operation and control of nuclear reactors;

2. A holder of a license referred to in Article 84 (2) 2 of the Act, who applies for a license examination for the nuclear operator of a nuclear reactor of the same type but different in at least one element of systems, capacity or suppliers of nuclear steam supply systems, shall be exempted from the subjects of the license examination referred to in subparagraph 2 (a) of Appendix 6, except 2) structure of reactor facilities and 3) operation and control of nuclear reactors;

3. A person who has passed a written examination for the license referred to in Article 84 (2) 1 or 2 of the Act but failed in a practical examination, and applies for a license examination for the senior nuclear operator or nuclear operator of a nuclear reactor of the same type, system, capacity and suppliers of nuclear steam supply systems shall be exempted from the next written examination only on one occasion.

(2) Where a person who has obtained a medical doctor's or dentist's license or a license referred to in Article 84 (2) 7 of the Act applies for the license examination referred to in subparagraph 6 of the same paragraph, he or she shall be exempted from subjects of the license examination referred to in items (a), (b) and (d) among the subjects of examinations for the special license for the radioisotope handler referred to in subparagraph 6 of Appendix 6. <Amended on Nov. 19, 2014>

(3) Where an applicant has obtained a foreign license deemed by the Commission to be at least equivalent to any of the licenses referred to in this Decree, he or she shall be exempted from subjects, except the statutes or regulations related to nuclear energy, among the subjects of license examinations listed in Appendix 6. <Amended on Nov. 19, 2014>

Article 126(Work Experience Required for Renewal of License for Nuclear Reactor Operation) #

(1) Pursuant to Article 88-2 (3) 1 of the Act, the scope of work experience recognized as having the same level of experience as that of operating a nuclear reactor for at least three years shall be as follows:

1. The total of the following work experiences shall be at least three years; in such cases, only work experience at a nuclear energy utilization facility applicable to the license to be renewed:

(a) Work experience in operating nuclear reactors;

(b) Work experience as a person in charge of management in planning, commanding, and coordinating operational affairs at a nuclear power plant, such as operation management of the power plant and operational measures in case of an accident or breakdown during the operation period of the power plant;

(d) Work experience as a fire brigade commander taking initial measures in response to fire disasters, etc. (referring to calamity or disaster situations requiring fire extinguishment, rescue, first aid, etc.) occurring in nuclear reactor facilities;

(e) Work experience as a full-time professor who belongs to an operator of a nuclear power reactor or an operator of a research reactor, etc. and is in charge of education for persons engaged in the operation of nuclear reactors;

2. To pass the work experience recognition examination for renewal of license for nuclear reactor operation conducted by the Commission in accordance with Appendix 6-2 from 3 years preceding the date of application for renewal of license for nuclear reactor operation (referring to the license referred to in Article 84 (2) 1 or 2 of the Act; hereinafter the same shall apply) to the day immediately preceding the date of application for renewal thereof.

(2) Work experience under Article 88-2 (3) 1 of the Act shall be calculated on a monthly basis, but 15 days or more shall be counted as one month, and less than 15 days shall not be included in the work experience.

(3) Where a person who has obtained both a license for the senior nuclear operator and a license for the nuclear operator as classified in Article 84 (2) 1 and 2 of the Act for operating a nuclear reactor of the same type, system, capacity, and supplier of nuclear steam supply system, passes the work experience recognition examination for license for the senior nuclear operator in accordance with Appendix 6-2, he or she shall be deemed passed the work experience recognition examination for license for the nuclear operator under the same Appendix.

[This Article Wholly Amended on Oct. 29, 2024]

Article 136(Measures for Prevention of Hazards and Reporting) #

(1) Safety measures to be taken by nuclear energy-related business operators pursuant to Article 92 (1) of the Act shall be as follows:

1. Where the safety of nuclear energy utilization facilities is threatened due to disasters, such as an earthquake, fire, flood, typhoon, and leakage of hazardous gases, or radiation workers are exposed to danger when performing their duties related to the safety of operation, the causes thereof shall be eliminated and measures to prevent further damage shall be taken;

2. Where the safety of nuclear energy utilization facilities is threatened by the breakdown, etc. of the nuclear energy utilization facilities, the cause of the breakdown, etc. shall be eliminated to restore the facilities to their normal state; provided, if it is impracticable to restore the facilities to their normal state, measures to prevent the breakdown from spreading shall be taken;

3. Where radioactive material is abnormally leaked, raising the concentration of air and water in the facilities boundary (referring to the boundary of a restricted area, if the boundary is established) beyond the limit of the discharge standards set by the Commission or radiation workers or persons with frequent access are exposed to radiation in excess of the dose limits, the following measures shall be taken:

(a) An evacuation warning shall be issued to persons inside the nuclear energy utilization facilities and restricted areas or people near them;

(b) Emergency measures, such as rescue and evacuation, shall be taken for any person who has sustained or is likely to sustain any radiation injury;

(c) Where contamination due to radioactive materials, etc. has occurred, spreading of contamination shall be prevented and such contamination shall be eliminated;

(d) Where there is sufficient time to move radioactive materials, etc. to another place, they shall be moved to a safe area, and marks prescribed by Rules of the Commission shall be posted, and people, other than the authorized persons, shall be prohibited from having access thereto or nearing it;

(e) When conducting emergency radiation works, the radiation dose of employees engaged in the emergency works shall be prevented from exceeding the standard level of personal dose determined by the Commission by using appropriate protective gears and reducing radiation exposure time, etc.

(2) When a nuclear energy-related business operator has taken safety measures under paragraph (1), he or she shall report the following matters to the Commission, as prescribed by Rules of the Commission:

1. Date, location, and cause related to the occurrence of the situation referred to in Article 92 (1) of the Act;

2. Status of radiation injuries which have occurred or are likely to occur;

3. Details of, and a plan for safety measures.

(3) The Commission may provide professional education on radiation emergency rescue to persons related to such radiation emergency medical rescue who perform emergency measures referred to in paragraph (1) 3 (b), as determined and published by the Commission.

Article 143(Submission of Draft Radiological Environmental Impact Assessment Reports or Draft Decommissioning Plans, and Public Announcement or Public Inspection Thereof) #

(1) Where a business operator intends to gather consensus from residents pursuant to Article 103 (1), (2) and (4) of the Act, he or she shall submit a draft radiological environmental impact assessment report referred to in Article 103 (3) of the Act (hereinafter referred to as "draft assessment report") or a draft decommissioning plan (hereinafter referred to as "draft decommissioning plan") to the heads of the following administrative agencies: <Amended on Nov. 19, 2014; Jul. 20, 2015; May 26, 2020>

1. The Chairperson of the Commission;

2. A Special Self-Governing City Mayor, or the head of a Si (referring to the head of an administrative Si of a Special Self-Governing Province; hereinafter the same shall apply) having jurisdiction over an area (hereinafter referred to as "area in which residents' opinions are to be gathered")/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply);

3. Deleted; <May 26, 2020>

4. The heads of other administrative agencies who are involved in the performance of target projects.

(2) A Special Self-Governing City Mayor or the head of a Si, Gun or Gu referred to in paragraph (1) 2 (hereinafter referred to as "head of a Si/Gun/Gu having jurisdiction over an area in which residents' opinions are to be gathered") shall publicly announce a summary of the project, period and venue for public inspections in at least one national daily newspaper and one local daily newspaper on at least one occasion, respectively, within 10 days of receiving a draft assessment report or a draft decommissioning plan submitted under paragraph (1), except in extenuating circumstances; publish the same on the website; and shall make the draft assessment report or the draft decommissioning plan available to residents in areas where their opinions are to be gathered for inspection for a period of at least 20 to 60 days. <Amended on Jul. 20, 2015; May 26, 2020; Nov. 24, 2020>

(3) Deleted. <May 26, 2020>

(4) The head of a Si/Gun/Gu having jurisdiction over an area in which residents' opinions are to be gathered shall also publicly announce when and how residents present opinions about whether to hold a public hearing, when giving public announcement under paragraph (2). <Amended on May 26, 2020>

(5) The head of a Si/Gun/Gu having jurisdiction over an area in which residents' opinions are to be gathered may request the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") to provide support for the following: <Added on May 26, 2020>

1. Public announcement and public inspection under paragraph (2);

2. Notice of opinions under Article 144 (2);

3. Holding public hearings and receiving applications for statements under Article 145 (1) and (3);

4. Consultation on bearing of expenses under Article 146 (2).

(6) Upon receipt of a request for support from the head of a Si/Gun/Gu having jurisdiction over an area in which residents' opinions are to be gathered pursuant to paragraph (5), the Mayor/Do Governor shall notify the head of the Si/Gun/Gu having jurisdiction over the area in which residents' opinions are to be gathered, the Commission, and the relevant business operator whether he or she will accept such request. <Added on May 26, 2020>

[Title Amended on Jul. 20, 2015]

Article 145(Holding of Public Hearings) #

(1) Pursuant to the latter part of Article 103 (1) of the Act or paragraph (2) of the same Article, a public hearing shall be held in any of the following cases: <Amended on Jul. 20, 2015>

1. Where at least 30 residents have presented opinions that a public hearing needs to be held pursuant to Article 144 (1);

2. Where at least five but not exceeding 30 residents have presented opinions that a public hearing needs to be held pursuant to Article 144 (1), and the total number of residents who have presented their opinions on a draft assessment report or a draft decommissioning plan exceeds 50/100.

(2) Where any business operator receives a notice from the head of a Si/Gun/Gu having jurisdiction over an area in which residents' opinions are to be gathered to hold a hearing pursuant to Article 144 (2) as either of the subparagraphs of paragraph (1) applies, he or she shall publicly announce a summary of the project, the date and venue of the public hearing, etc. in at least one national daily newspaper and one local daily newspaper on at least one occasion, respectively, 14 days prior to the scheduled date of the public hearing and shall publish the same on the website. In such cases, he or she shall have a prior consultation with the head of a Si/Gun/Gu having jurisdiction over an area in which residents' opinions are to be gathered on the date, time, venue, etc. of the public hearing to be held. <Amended on May 26, 2020; Nov. 24, 2020>

(3) Any resident who intends to attend a public hearing and to state his or her opinion shall file an application for statement with the relevant business operator or with the head of a Si/Gun/Gu having jurisdiction over an area in which residents' opinions are to be gathered five days prior to the scheduled date of the public hearing. In such cases, the head of the Si/Gun/Gu having jurisdiction over an area in which residents' opinions are to be gathered shall, upon receipt of said application for statement, immediately give notice to the business operator of such fact. <Amended on May 26, 2020>

(4) Each business operator shall, in consultation with the head of a Si/Gun/Gu having jurisdiction over an area in which residents' opinions are to be gathered, appoint a representative to make a statement en bloc at a public hearing about the similar matters among the details stated in the applications submitted pursuant to paragraph (3), or shall have any expert recommended by residents state opinions. <Amended on May 26, 2020>

(5) When a public hearing publicly notified pursuant to paragraph (2) is not held twice successively or is held but does not proceed normally due to causes not attributable to the business operator, the relevant business operator may omit the public hearing. In such cases, the relevant business operator shall publicly announce the grounds for omitting the public hearing, and matters concerning the timing, methods, etc. for submission of opinions of persons intending to present opinions in a public hearing by applying paragraph (2) mutatis mutandis thereto, and shall endeavor to seek opinions from residents by other means.

(6) Each business operator shall give notice to the head of a Si/Gun/Gu having jurisdiction over an area in which residents' opinions are to be gathered of the outcomes of a public hearing within seven days after the public hearing, as prescribed by Ordinance of the Prime Minister. <Amended on Mar. 23, 2013; May 26, 2020>

(7) Where it is necessary to gather consensus from experts and residents on the radiological environmental impacts from the implementation of the relevant project or radiological impacts from decommissioning even in cases in which the requirements for holding a public hearing under the subparagraphs of paragraph (1) are not met, a business operator may hold a public hearing under the former part of Article 103 (1) of the Act or the former part of paragraph (2) of the same Article after the expiry of the period for public inspections under Article 143 (2) in consultation with the head of a Si/Gun/Gu having jurisdiction over an area in which residents' opinions are to be gathered. In such cases, the public hearing shall be deemed a public hearing held pursuant to the latter part of Article 103 (1) of the Act or the latter part of paragraph (2) of the same Article, on condition that paragraphs (2) through (4) and (6) shall apply mutatis mutandis to the methods, procedures, etc. for holding such public hearing, respectively. <Amended on Jul. 20, 2015; May 26, 2020>

Article 146-2(Information subject to Full Disclosure and Methods of Disclosure) #

(1) "Information prescribed by Presidential Decree, such as the results of evaluations concerning construction permits for and operating licenses of nuclear energy utilization facilities and the inspection findings of nuclear safety management" in the main clause of Article 103-2 (1) of the Act means the following:

1. Documents submitted when filing an application for a construction permit for a nuclear power reactor and relevant facilities pursuant to Article 10 (2) of the Act;

2. Documents submitted when filing an application for an operation license of a nuclear power reactor and relevant facilities pursuant to Article 20 (2) of the Act;

3. Periodic safety review reports submitted where continuous operation is intended pursuant to Article 23 (1) of the Act or Article 36 (4) of this Decree, and matters concerning the assessments provided for in Article 37 (2) of this Decree;

4. Examination reports concerning the construction permits for and operation licenses of reactor facilities under Articles 20 and 33 (3);

5. Results of pre-service inspections of the construction and performance of nuclear reactor facilities conducted pursuant to Article 27;

6. Results of inspections of suppliers and performance testing institutes conducted pursuant to Article 31-2;

7. Results of regular inspections of the performance of reactor facilities conducted pursuant to Article 35 (1);

8. Other nuclear safety-related information that are determined and publicly announced by the Commission as requiring full disclosure.

(2) Where the information provided for in paragraph (1) contains any information provided for in any of the subparagraphs of Article 9 (1) of the Official Information Disclosure Act, the Commission shall exclude such information from disclosure made under Article 103-2 (1) of the Act, as prescribed in Article 14 of the same Act.

(3) The Commission shall disclose the information provided for in the subparagraphs of paragraph (1) by posting it on its website.

(4) The Commission shall determine and publicly announce the methods and time of disclosing information pursuant to paragraphs (1) through (3) and other related matters.

[This Article Added on Jun. 21, 2016]

Article 149(Continuing Education) #

(1) A person who holds a license for nuclear reactor operation and a person who handles nuclear fuel materials, radioisotopes, etc. holding any of the licenses referred to in Article 84 (2) 3 through 7 of the Act shall undergo continuing education every three years (referring to the period from January 1 to December 31 of the year in which the third anniversary of the date he or she obtained a license or the date he or she underwent immediately previous continuing education falls) pursuant to Article 106 (2) of the Act as prescribed by Prime Ministerial Decree. <Amended on Aug. 16, 2013; Nov. 19, 2014; Oct. 29, 2024>

(2) Deleted. <Aug. 16, 2013>

(3) Deleted. <Aug. 16, 2013>

(4) Each nuclear energy-related business operator shall provide necessary convenience to his or her employees who hold the license referred to in Article 84 (2) of the Act when undergoing the continuing education under paragraph (1) among his or her employees and shall not reduce their wages or give any unfavorable treatment to them on this ground. <Amended on Aug. 16, 2013>

(5) The Commission shall certify, in the license of a person who has completed the continuing education under paragraph (1), that he or she has duly completed the continuing education. <Amended on Aug. 16, 2013; Feb. 2, 2021>

(6) In any of the following cases, a person required to undergo continuing education under paragraph (1) shall be deemed to have completed the continuing education course referred to in the relevant subparagraph: <Added on Jun. 19, 2018>

1. Where a person who holds both of the licenses referred to in Article 84 (2) 1 and 2 of the Act for the same type of reactors with the same capacity and with the same nuclear steam supply system supplied by one and the same supplier has completed the continuing education course for the license referred to in Article 84 (2) 1 of the Act: The continuing education course for the license referred to in Article 84 (2) 2 of the Act;

2. Where a person who holds both of the licenses referred to in Article 84 (2) 3 and 4 of the Act has completed the continuing education course for the license referred to in Article 84 (2) 3 of the Act: The continuing education course for the license referred to in Article 84 (2) 4 of the Act;

3. Where a person who holds two or more different licenses, among the licenses referred to in Article 84 (2) 5 through 7 of the Act, has completed the continuing education course for the license referred to in Article 84 (2) 6 or 7 of the Act: The continuing education courses for the rest of such licenses.

Article 154(Duties Subject to Entrustment) #

(1) "Duties prescribed by Presidential Decree" in Article 111 (1) 16 of the Act means: <Amended on Aug. 16, 2013; Nov. 19, 2014; Dec. 22, 2015; Jun. 22, 2021>

1. Surveys and analysis of technical trends and demand forecasting for technology in relation to the formulation of research and development project plans for nuclear safety provided for in Article 9 (1) of the Act;

2. Matters concerning receipt, examination and evaluation of research and development tasks in relation to the selection of annual research and development tasks provided for in Article 9 (1) of the Act;

3. Matters concerning entering into agreements on research and development tasks, progress management, evaluation of results, and post-management in relation to the implementation of research and development projects for nuclear safety provided for in Article 9 (1) of the Act;

4. Matters concerning management of expenses incurred in implementing research and development projects for nuclear safety provided for in Article 9 (2) of the Act;

4-2. Safety examinations in relation to licenses to operate research reactors and relevant facilities under the former part and latter part of Article 30-2 (1) of the Act;

4-3. Duties concerning reporting on the daily amount of work performed by radiation workers under Article 59-2 (6) of the Act;

5. Safety management concerning the disposal of radioactive wastes, other than those provided for in Article 70 (2) of the Act;

6. Duties concerning measures to be taken for dealing with any accident occurring in the course of transport or packing under Article 74 of the Act;

7. Duties of examining safety concerning the installation of hazardous facilities under Article 90 of the Act;

8. Duties of reporting the progress of transport of radioactive materials, etc. by any nuclear energy-related business operator (excluding any reported user) or by any other person to whom the transport of radioactive materials, etc. has been outsourced under Article 98 (1) of the Act;

9. Duties of inspecting and collecting samples for testing under Article 98 (2) and (4) of the Act;

10. Installation of devices to monitor any movement of internationally controlled materials under Article 98 (6) of the Act;

11. Export and import related to duties under Article 107 of the Act;

12. Research and establishment of the criteria necessary for performing duties provided for in the Act and this Decree except for the criteria provided for in Article 111 (1) 3 of the Act;

13. Duties concerning the imposition and collection of the nuclear safety management charge provided for in Article 111-2 (1) of the Act (hereinafter referred to as "charge");

14. Deleted. <Mar. 20, 2017>

(2) Duties that can be entrusted to the Korea Institute of Nuclear Safety referred to in Article 153 (1) 1 are as specified in Appendix 7.

(3) Duties that can be entrusted to the Korea Atomic Energy Research Institute referred to in Article 153 (1) 2 are as specified in Appendix 8.

(4) Duties that can be entrusted to the Korea Institute of Nuclear Nonproliferation and Control referred to in Article 153 (1) 3 are as specified in Appendix 9.

(5) Duties that can be entrusted to the Safety Foundation referred to in Article 153 (1) 4 are as specified in Appendix 9-2. <Added on Jun. 21, 2016>

(6) The affairs entrusted to the Korea Institute of Radiological and Medical Sciences under Article 153 (1) 4-2 shall be as follows: <Added on Jun. 22, 2021; Mar. 7, 2023>

1. Survey on the impact of radiation on health under Article 105-2 (1) of the Act;

2. Notification and receipt of requests for cooperation under Article 105-2 (2) of the Act.

(7) Duties that can be entrusted to any administrative agency, national or public research institute or specific research institute, the Korea Association for Non-Destructive Testing, the association, or any specialized institution designated by the Commission referred to in Article 153 (1) 5 are as specified in Appendix 10. <Amended on Jun. 21, 2016; Jun. 22, 2021>

Article 155-2(Handling of Sensitive Information and Personally Identifiable Information) #

The Commission (including persons entrusted with the authority of the Commission pursuant to Article 111 of the Act, dosimeter reading service providers and institutions designated and publicly notified by the Commission pursuant to Article 148) or nuclear-related business operators may handle information that contains health data (limited to the duties provided in subparagraphs 2-3, 3, and 4-2) provided for in Article 23 of the Personal Information Protection Act, information that constitutes the criminal history record provided for in subparagraph 2 of Article 18 of the Enforcement Decree of the same Act (only in relation to the duties provided for in subparagraphs 1, 2 and 4), or data that contains resident registration numbers, passport numbers or alien registration numbers provided for in subparagraph 1, 2, or 4 of Article 19 of the same Enforcement Decree, if it is essential for performing the following duties: <Amended on Nov. 19, 2014; Dec. 22, 2016; Jun. 19, 2018; Jun. 22, 2021; Mar. 7, 2023; Oct. 29, 2024>

1. Duties concerning cancellation of authorization, permits, designation, registration and licenses, and orders to prohibit the use under subparagraph 4 of Article 13, Articles 17 (1) 5, 24 (1) 4, 32 (1) 4, 38 (1) 4, 48 (1) 3, 52 (6) 3, 57 (1) 4, 66 (1) 4, 81 (1) 5, and 86 (1) 2 of the Act;

2. Duties concerning inquiries about the grounds for disqualification under Article 14 of the Act (including where such provisions shall apply mutatis mutandis under Articles 12 (9), 20 (4), 30 (4), 30-2 (4), 35 (6), 45 (4), 52 (5), 53 (5), 54 (5), 63 (4), and 78 (5) of the Act) and Article 85 of the Act;

2-2. Duties concerning the reporting of succession to the status under Article 19 of the Act (including cases to which the aforesaid Article shall apply mutatis mutandis pursuant to Article 29, 34, 44, 51, 62, 69, or 83 of the Act);

2-3. Duties concerning physical examinations under Article 87-2 of the Act;

3. Duties concerning measures to prevent radiation damage under Article 91 of the Act;

4. Duties to confirm whether a successor to a deceased nuclear energy-related business operator is eligible under the proviso of subparagraph 6 of Article 94 of the Act;

4-2. Duties concerning the survey on the impact of radiation on the health under Article 105-2 of the Act;

5. Duties concerning education and training under Article 106 of the Act.

[This Article Added on Aug. 6, 2014]

Article 156-2(Methods and Time of Payment of Charges) #

(1) To collect charges, the Commission shall give each nuclear energy-related business operator, etc. payment notice that states the amount, the details of calculation, payment deadline, and locations to make payment.

(2) Every nuclear energy-related business operator, etc. shall pay charges by the specified payment deadline, choosing any of the following methods:

1. Payment in 12 equal installments: By the end of each month of the following year;

2. Payment in 4 equal installments: By January 31, April 30, July 31, and October 31 of the following year.

(3) Notwithstanding paragraph (2), charges imposed in relation to the following affairs shall be paid at the time or by the date specified in each subparagraph:

1. Charges imposed in relation to the safety examination conducted for the license and the alteration of licensed matters under the former part and the latter part of Article 53 (1) of the Act, and the affairs concerning the receipt of reports on the alteration of licensed matters under the proviso of paragraph (1) of the same Article and the receipt of reports under paragraph (2) of the same Article: At the time of filing an application for license or a report;

2. Charges imposed in relation to the affairs provided for in Article 156 (2) 1: By no later than April 30 of the following year;

3. Charges imposed in relation to the affairs provided for in Article 156 (2) 2: As selected by the nuclear energy-related business operator, etc. between the following:

(a) At the time of filing an application for education;

(b) By no later than June 30 of the year in which continuing education is conducted (or by no later than December 31 of the relevant year where the continuing education starts on or after July 1);

4. Charges imposed in relation to the affairs provided for in Article 156 (2) 3: At the time of filing an import or export declaration; provided, where the average number of import and export declarations filed in a month as of the end of the previous year is not less than five, the charges may be paid in lump sum by no later than the fifth day of the following month, by aggregating them monthly.

(4) Charges may be paid by cash, credit card, debit card, etc.

(5) Where any discrepancy occurs in relation to the amount of charges paid by a nuclear energy-related business operator, etc. due to the change, revocation, etc. of the relevant affairs, the Commission shall calculate the charges as determined and publicly announced by the Commission and collect them additionally or refund them.

[This Article Added on Dec. 22, 2015]

ENFORCEMENT DECREE OF THE NUCLEAR SAFETY ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Nuclear Fuel Material) #

Article 4(Nuclear Source Material) #

Article 5(Radioisotopes) #

Article 6(Radiation) #

Article 7(Nuclear Reactor Excluded from Application) #

Article 8(Radiation Generating Apparatuses) #

Article 9(Relevant Facilities) #

Article 10(Nuclear Energy Utilization Facilities) #

Article 11(Insignificant Matters in Comprehensive Plans for Nuclear Safety and Security) #

Article 12(Conduct of Fact-Finding Surveys through Delegation) #

Article 13(Conclusion of Research Agreements) #

Article 14(Disbursement and Management of Contributions) #

Article 15 #

Article 16(Detailed Regulations) #

Article 17(Applications for Construction Permits) #

Article 18(Notice of Examination Plans) #

Article 19(Period for Handling Applications for Permits) #

Article 20(Deliberation by Commission) #

Article 21(Applications for Altered Permits) #

Article 22(Applications for Approval for Standard Design) #

Article 23(Applications for Approval to Alter Standard Design) #

Article 24(Subjects of Exclusion from Approval for Standard Design) #

Article 25(Regulations for Metrical Control) #

Article 25-2(Reporting by Performance Test Management Institutions) #

Article 25-3(Criteria for Designation of Performance Test Management Institutions) #

Article 26(Inspections as to Metrical Control of Specific Nuclear Materials) #

Article 27(Pre-Service Inspections) #

Article 28(Applications for Pre-Service Inspections) #

Article 29(Timing for Pre-Service Inspections) #

Article 30(Provisional Pass) #

Article 31(Quality Assurance Inspections) #

Article 31-2(Inspection of Suppliers) #

Article 32(Period for Commencing Construction Works) #

Article 33(Applications for Operating Licenses) #

Article 34(Applications for Altered Licenses) #

Article 35(Regular Inspections) #

Article 36(Timing for Periodic Safety Reviews) #

Article 37(Details of Periodic Safety Reviews) #

Article 38(Methods and Criteria for Periodic Safety Reviews) #

Article 39(Periods for Examining Periodic Safety Review Reports) #

Article 40(Period for Commencing Business) #

Article 41(Safety Measures for Operation of Nuclear Power Reactors) #

Article 41-2(Filing Applications for Approval to Decommission Reactor Facilities) #

Article 42(Provisions to be Applied Mutatis Mutandis) #

Article 43(Filing Applications for Construction Permits and Operation Licenses) #

Article 44(Filing Applications to Alter Terms and Conditions of Permits) #

Article 45(Reporting on Entry and Departure of Foreign Nuclear-Powered Ships) #

Article 46(Period for Commencing Business) #

Article 47(Provisions to Be Applied Mutatis Mutandis) #

Article 48(Applications for Licenses) #

Article 49(Applications for Altered Licenses) #

Article 50(Regular Inspections) #

Article 51(Period for Commencing Business) #

Article 52(Provisions to Be Applied Mutatis Mutandis) #

Article 53(Applications for Licenses) #

Article 54(Applications for Altered Licenses) #

Article 55(Facility Inspections) #

Article 56(Implementation of Facility Inspections) #

Article 57(Quality Assurance Inspections) #

Article 58(Regular Inspections) #

Article 59(Period for Commencing Business) #

Article 60(Provisions to Be Applied Mutatis Mutandis) #

Article 61(Applications for Designation) #

Article 62(Applications for Approval for Revision) #

Article 63(Pre-Service Inspections) #

Article 64(Implementation of Pre-Service Inspections) #

Article 65(Regular Inspections) #

Article 66(Period for Commencing Business) #

Article 67(Provisions to Be Applied Mutatis Mutandis) #

Article 68(Safety Measures for Operation of Nuclear Fuel Cycle Facilities) #

Article 68-2(Filing Applications for Approval to Decommission Nuclear Fuel Cycle Facilities) #

Article 69(Applications for Licenses for Use) #

Article 70(Applications for Altered Licenses) #

Article 71(Nuclear Fuel Materials Not Subject to Licenses for Use) #

Article 72(Criteria for Licenses) #

Article 73(Facility Inspections) #

Article 74(Implementation of Facility Inspections) #