법갈피

영문법령 / Enforcement Regulation of the Act on Physical Protection and Radiological Emergency

Enforcement Regulation of the Act on Physical Protection and Radiological Emergency

총리령일부개정시행 2014-11-24원자력안전위원회,원자력안전위원회 · 제01108호 · 공포 2014-11-24

Article 1(Purpose) #

The purpose of this Regulation is to provide for matters delegated by the Act on Physical Protection and Radiological Emergency and the Enforcement Decree thereof and matters necessary for the enforcement thereof.

Article 2(Application for Approval of Physical Protection Regulations, etc.) #

(1) An application for approval of physical protection facilities/equipment, operation system thereof, physical protection regulations and protection emergency plan (hereinafter referred to as “physical protection regulations, etc.”) as provided in Article 17 (1) of the Enforcement Decree of the Act on Physical Protection and Radiological Emergency (hereinafter referred to as the “Decree”) shall be made with the attached Form 1.

(2) Each of the following documents shall be attached to the application for approval of physical protection regulations, etc. as provided in the foregoing Paragraph (1):

1.Two copies of the document detailing the physical protection facilities/ equipment and operation system thereof;

2.Two copies of the document detailing the physical protection regulations of nuclear materials and nuclear facilities (hereinafter referred to as “nuclear facilities, etc.”); and

3.Two copies of the document detailing planned actions as regards countering illicit trafficking of nuclear materials and threats to nuclear facilities, etc.

(3) If the Nuclear Safety and Security Commission grants approval according to the main clause of Article 9 (1) of the Act on Physical Protection and Radiological Emergency (hereinafter referred to as the “Act”), he shall issue to the applicant a written approval of physical protection regulations, etc. on the attached Form 2.

Article 3(Application for Approval of Change) #

(1) An application for the approval of change of physical protection regulations, etc. as provided in Article 17 (2) of the Decree shall be made with the attached Form 3.

(2) Documents related to change, among the documents attached to the application for approval on the attached Form 1, and the written approval of the physical protection regulations, etc. shall be attached to such application as provided in the foregoing Paragraph (1).

Article 4(Report of Change in Minor Matters) #

(1) The “minor matters as prescribed by the Ordinance of the Nuclear Safety and Security Commission” in the proviso of Article 9 (1) of the Act mean any of the following:

1.Name or address of the person who has obtained the approval of physical protection regulations, etc. in accordance with the main clause of Article 9 (1) of the Act (in the case of a juridical person, its name, address and its representative's name); and

2. Name and location of the place of business.

(2) Any person, who intends to file a report of change in minor matters in accordance with the proviso of Article 9 (1) of the Act, shall submit to the Nuclear Safety and Security Commission a report of change in minor matters on the attached Form 4 within thirty (30) days from the date when the reason for such report arose by attaching the documents related to a report of change of the physical protection regulations, etc. and the written approval of the physical protection regulations, etc. thereto.

Article 5(Formulation of Physical Protection Regulations, etc.) #

Detailed standards including guidelines for the formulation of physical protection regulations, etc. as provided in Article 9 (2) of the Act shall be specified in the attached Table 1.

Article 5-2(Hours and contents of physical protection education) #

The hours and contents of physical protection education under Article 17-2, paragraph 1 or 2 of the Decree shall be as indicated in Annex Schedule 1-2.

Article 5-3(Designation of agencies for physical protection education) #

(1) Those wishing to be designated as agency for physical protection education pursuant to Article 9-2, paragraph 2 of the Act shall satisfy the following requirements:

1. Education facilities: Appropriate space and facilities that can accommodate the students based on education plans

2. Education equipment: Physical protection-related equipment required for on-hand training, including those for detection and searching

3. Education manuals or regulations: Contents of education by subject personnel, efficient education methods based on the education venue or functions of the subject personnel

(2) Those wishing to be designated as agency for physical protection education pursuant to Article 9-2, paragraph 2 of the Act shall secure an instructor satisfying one of the following requirements:

1. One with a license or a qualification certificate for an area related to physical protection

2. One with a doctorate degree related to physical protection

3. One with at least three years’ experience related to physical protection

4. One who have served three years or longer at a research or a specialist agency related to physical protection

(3) Those wishing to be designated as agency for physical protection education shall submit the following documents to the Commission along with their application using Annex Form No. 4-2:

1. Statement concerning instructors ? 3 copies

2. Education manual or regulations ? 3 copies

3. Information concerning education equipment or facilities ? 1 copy

(4) Upon receipt of the application documents under paragraph 3, the Commission shall check the applicant’s corporate registration certificate using the shared administrative information network as per Article 36, paragraph 1 of the e-Government Act.

(5) The Commission shall issue its designation letter using Annex Form 4-3 to designate a physical protection education agency.

(6) The Commission shall determine and publish the detailed requirements of the designation or instructors of a physical protection education agency and specific matters required for education implementation, including the development or submission of plans for physical protection education by the designated agencies.

Article 5-4(Establishment of plans for physical protection education) #

(1) The nuclear facility operator shall develop and submit plans for physical protection education to the Commission pursuant to Article 9-3, paragraph 1 of the Act.

(2) The plans for physical protection education under paragraph 1 shall include the following information:

1. Basic direction of education/training

2. Types of training

3. Purposes, subjects, contents, methods, or schedules of physical protection training by type

4. Matters concerning the control or evaluation of physical protection training by type

5. Other matters deemed necessary for physical protection training by the Commission

(3) The Commission shall determine and publish matters required for physical protection training, including the types or methods of training by nuclear facility operator as included in the physical protection training plans.

Article 6(Report) #

Pursuant to Article 11 of the Act, a nuclear licensee shall promptly report each of the following to the Nuclear Safety and Security Commission, and give notice thereof to Special metropolitan city mayor / metropolitan city mayors / special automotive city mayors / provincial governor / special self provincial governor (hereinafter referred to as “mayor/governor”) of competent jurisdiction:

1.Date and place of the occurrence of a threat and the reasons and situation thereof;

2. Matters related to response actions to cope with the threat; and

3.Purport and details of a request for support to the head of a military unit, police station and other administrative agencies as provided in Article 10 (1) of the Act, if any.

Article 7(Application for Initial Inspection, etc.) #

(1) An application for initial inspection as provided in Article 18 (3) of the Decree shall be made with the attached Form 5, and an application for transportation inspection shall be made with the attached Form 6.

(2) Each of the following documents shall be attached to the application for initial inspection as provided in the foregoing Paragraph (1):

1.Two copies of the document detailing physical protection facilities/ equipment and operation system thereof;

2.Two copies of the document detailing the physical protection regulations of nuclear facilities, etc.; and

3.Two copies of the document detailing planned actions as regards countering illicit trafficking of nuclear materials and threats to nuclear facilities, etc.

(3) Two copies of documents related to an application for transportation inspection including each of the following shall be attached to such application for transportation inspection as provided in the foregoing Paragraph (1):

1.Organization responsible for transportation protection and person in charge thereof;

2. Type and quantity of nuclear materials to be transported;

3. Transportation route and expected arrival time;

4. System of communication during transportation;

5. Expected accidents and emergency response system; and

6. Other matters necessary for transportation protection.

(4) If any person, who has applied for a transportation inspection as provided in Article 18 (3) of the Decree, intends to make any change to such application, the applicant shall promptly submit to the Nuclear Safety and Security Commission an application for change of the transportation inspection on the attached Form 7 by attaching written reasons for the application for such change thereto.

Article 8(Standards for Physical Protection Facilities/Equipment, etc.) #

The “standards prescribed by the Ordinance of the Nuclear Safety and Security Commission” provided in Article 12 (2) 2 of the Act mean each of the following:

1.Facilities/equipment for physical protection and operation system thereof shall conform to the physical protection facilities/equipment and operation system thereof approved under the main clause of Article 9 (1) of the Act; and

2.Facilities/equipment for physical protection and operation system thereof shall conform to the protection requirements as provided in Article 16 of the Decree.

Article 9(Preparation and Maintenance of Records) #

Matters regarding which a nuclear licensee is required to prepare and maintain records pursuant to Article 14 of the Act shall be specified in the attached Table 2.

Article 10(Application for Approval of a Radiological Emergency Plan, etc.) #

(1) An application for approval of a radiological emergency plan (hereinafter referred to as “radiological emergency plan”) as provided in Article 22 (1) of the Decree shall be made with the attached Form 8.

(2) Five copies of a radiological emergency plan shall be attached to the

application for approval of the radiological emergency plan as provided in the foregoing Paragraph (1).

(3) Upon granting approval under the main clause of Article 20 (1) of the Act, the Nuclear Safety and Security Commission shall issue to the applicant a written approval of the radiological emergency plan on the attached Form 9.

Article 11(Application for Approval of Change) #

(1) An application for the approval of change of a radiological emergency plan as provided in Article 22 (2) of the Decree shall be made with the attached Form 10.

(2) The radiological emergency plan pertaining to change, among the approved radiological emergency plan, and the written approval of such radiological emergency plan shall be attached to such application as provided in the foregoing Paragraph (1).

Article 12(Report of Change in Minor Matters) #

(1) The “minor matters as determined by the Nuclear Safety and Security Commission” in the provisos of Article 20 (1) and Article 20 (2) of the Act mean any of the following:

1.Name and address of the person who has obtained approval of a radiological emergency plan as provided in the main clause of Article 20 (1) of the Act (in the case of a juridical person, its name and address and its representative's name);

2. Name and location of the place of business; and

3.Matters set forth in Subparagraph 1, 2 (c) and 2 (d), 5 (a) and 5 (b), 6 (b) through 6 (d), and 7 through 9 of the detailed standards for the formulation of a radiological emergency plan on the attached Table 3.

(2) Any person, who intends to file a report in accordance with the proviso of Article 20 (1) of the Act, shall submit to the Nuclear Safety and Security Commission a report of change in minor matters on the attached Form 11 within thirty (30) days from the date when the reason for such report arose, by attaching documents related to such report of change among the radiological emergency plan and the written approval of the radiological emergency plan thereto.

Article 13(Detailed Standards for Formulation of Radiological Emergency Plans) #

Detailed standards for the formulation of a radiological emergency plan as provided in Article 20 (3) of the Act shall be specified in the attached Table 3.

Article 14(Emergency Actions, etc.) #

(1) In cases where a nuclear licensee takes emergency actions to prevent the spread of a radiological accident pursunat to Article 21 (1) 4 of the Act, such licensee shall take emergency actions as provided in Article 22 (1) 5 of the Decree and Subparagraph 5 of the attached Table 3 hereto.

(2) In cases where a nuclear licensee takes radiological protection measures in respect of emergency action staff, etc. pursuant to Article 21 (1) 4 of the Act, each of the following standards shall apply:

1. Prevention of radiation exposure in excess of the standards determined by the Nuclear Safety and Security Commission as regards emergency action staff, etc. through such measures as use of appropriate protective gear and reduction of radiation exposure time; and

2. Compliance with the emergency action procedures as determined by the Nuclear Safety and Security Commission such as notification to emergency action staff of the status of emergency actions including the purpose of emergency actions, expected radiation exposure quantity and the level of potential risks prior to taking such actions.

Article 15(Standards for Determination of Urgent Public Protective Actions, etc.) #

(1) The standards for determining urgent public protective actions including sheltering, evacuation, restrictions on food and water and iodine prophylaxis distribution as provided in Article 29 (1) 3 of the Act shall be specified in the attached Table 4.

(2) The standards for determining control of carry-out or consumption of food, beverage and agricultural/livestock/fishery products in an area where a radiological emergency and radiological disaster (hereinafter referred to as “radiological disaster, etc.”) as provided in Article 29 (1) 4 of the Act shall be specified in the attached Table 5.

(3) With respect to radiological protection actions necessary for emergency rescue activities by the urgent rescue center at the site of a radiological disaster as provided in Article 29 (1) 6 of the Act, the provisions related to radiological protection measures for emergency action staff, etc. in Article 14 (2) hereof shall apply mutatis mutandis. In such case, “emergency action staff, etc.” shall be deemed “urgent rescue staff of the urgent rescue center.”

Article 16(Composition and Operation of Radiological Emergency Technical Advisory Center, etc.) #

(1) The head of the Korea Institute of Nuclear Safety under the Korea Institute of Nuclear Safety Act shall serve as the head of the Radiological Emergency Technical Advisory Center (hereinafter referred to as “technical advisory center” in this Article) as provided in Article 32 (1) of the Act, and those with knowledge and experience regarding radiological disaster management who are nominated or commissioned by the head of the technical advisory center shall serve as members of the technical advisory center.

(2) The head of the technical advisory center shall supervise and coordinate the support for technical matters necessary to cope with a radiological disaster.

(3) The head of the technical advisory center may organize the off-site emergency technical support team and dispatch the team to an area where a radiological disaster, etc. has occurred.

(4) Matters necessary for composition and operation of the technical advisory center and off-site emergency technical support team, other than those set forth herein, shall be determined by the head of the technical advisory center.

Article 17(Composition and Operation of Radiological Emergency Medical Service Center, etc.) #

(1) The head of the Korea Institute of Radiological and Medical Sciences as provided in Article 13 (2) of the Act on Promotion of Utilization of Radiation and Radioisotopes shall serve as the head of the Radiological Emergency Medical Service Center (hereinafter referred to as the “medical service center” in this Article) as provided in Article 32 (2) of the Act, and those with knowledge and experience of medical services in the event of a radiological emergency, who are nominated or commissioned by the head of the medical service center, shall serve as members of the medical service center.

(2) The head of the medical service center shall supervise and coordinate medical services in the event of a radiological emergency.

(3) The head of the medical service center may organize the off-site radiological emergency medical service team and dispatch such team to an area where a radiological disaster, etc. has occurred.

(4) Matters necessary for composition and operation of the medical service center and off-site radiological emergency medical service team, other than those set forth herein, shall be determined by the head of the medical service center.

Article 18(Standards for Radiological Disaster Response Facilities/Equipment) #

The standards for radiological disaster response facilities/equipment as provided in Article 35 (1) of the Act shall be specified in the attached Table 6.

Article 19(Time and Details of Radiological Emergency Training) #

The time and details of radiological emergency training as provided in Article 33 (1) and 33 (2) of the Decree shall be specified in the attached Table 7.

Article 20(Designation of a Radiological Emergency Training Institution) #

(1) Those wishing to be designated as education agency for radioactivity disaster prevention education under Article 36, paragraph 2 of the Act shall satisfy the following requirements:

1. Education facilities: Appropriate space and facilities that can accommodate the students based on education plans

2. Education equipment: Equipment related to on-hand education on radioactivity disaster prevention, including gauges of radiation and radioactivity, individual dose meter, and protective gear

3. Education manuals or regulations: Contents of education by subject personnel, efficient education methods based on the education venue or functions of the subject personnel

(2) Those wishing to be designated as agency for education on radioactivity disaster prevention pursuant to Article 36, paragraph 2 of the Act shall secure an instructor satisfying one of the following requirements:

1. One with a license or a qualification certificate for an area related to radioactivity disaster prevention

2. One with a doctorate degree related to radioactivity disaster prevention

3. One who has performed functions related to the operation of the main control room of a nuclear power plant, measures related to the prevention of radiation or radioactivity disaster, and emergency treatment related to radiation for three years or longer

4. One who has served three years or longer at a research or a specialist agency related to nuclear safety or emergency treatment related to radiation

(3) Any organization, which wishes to be designated as an institution to conduct radiological emergency training under Article 36 (2) of the Act, shall submit to the Nuclear Safety and Security Commission an application for designation as a radiological emergency training institution on the attached Form 12.

(4) Each of the following documents shall be attached to an application for designation as a radiological emergency training institution as provided in the foregoing Paragraph (3):

1. Three copies of the document detailing the status of instructors;

2. Three copies of training procedures or regulations; and

3. One copy of the status of training-related equipment and facilities.

(5) When receiving an application for designation as a radiological emergency training institution under Paragraph (1), the Nuclear Safety and Security Commission shall check a certified copy of the applicant's corporate register through the administrative information sharing system under Article 38 (1) of the Act on Promotion of the Digitalization of Administrative Affairs, etc. for Creation of Electronic Government. If the applicant refuses to give consent to such check, the Nuclear Safety and Security Commission shall cause the applicant to attach the required document.

(6) The Commission shall determine and publish the detailed requirements of the designation or instructors of an education agency on radioactivity disaster prevention and specific matters required for education implementation, including the development or submission of plans for radioactivity disaster prevention education by the designated agencies.

Article 21(Formulation of Radiological Emergency Exercise Plans) #

(1) In accordance with Article 37 (3) of the Act, a nuclear licensee shall formulate a radiological emergency exercise plan for the following year, submit such plan to the Nuclear Safety and Security Commission by November 30 of each year and obtain approval thereof.

(2) The radiological emergency exercise plan as provided in the foregoing Paragraph (1) shall contain each of the following in connection with training:

1. Basic direction;

2. Type of training;

3. Purpose, details, methods, schedule and subject trainees of radiological emergency exercises by type as provided in the foregoing Subparagraph 2;

4. Matters related with control and assessment of radiological emergency exercises by type as provided in the foregoing Subparagraph 2; and

5. Other matters that the nuclear licensee acknowledges as being necessary to conduct a radiological emergency exercise.

(3) Necessary matters in connection with radiological emergency exercises including the types and methods of radiological emergency exercises conducted by each nuclear licensee shall be determined and publicly notified by the Nuclear Safety and Security Commission.

Article 22(Inspection) #

If the Nuclear Safety and Security Commission intends to conduct an inspection pursuant to Article 38 (1) of the Act, he shall notify the nuclear licensee of an inspection plan containing the list of inspectors, the schedule and details of inspection and so forth at least ten (10) days prior to the commencement of such inspection.

Article 23(Designation of a Radiological Emergency Medical Institution) #

(1) Any institution, who wishes to be designated as a primary or secondary radiological emergency medical institution as provided in Article 39 (2) of the Act, shall submit to the Nuclear Safety and Security Commission an application for designation as a radiological emergency medical institution on the attached Form 14.

(2) Each of the following documents shall be attached to the application for designation as a radiological emergency medical institution as provided in the foregoing Paragraph (1):

1. A copy of the permit for the opening of a medical institution as provided in Article 33 of the Medical Service Act and Article 27 of the Enforcement Regulation thereof; and

2. Documents confirming conformity to the standards for designation as a primary or secondary radiological emergency medical institution as provided in Article 36 (3) of the Decree.

(3) Upon designation of a primary or secondary radiological emergency medical institution, the Nuclear Safety and Security Commission shall issue to the applicant a written designation as a radiological emergency medical institution on the attached Form 15.

Article 24(Measures for Restoration from Damage, etc.) #

The “matters as prescribed by the Ordinance of the Nuclear Safety and Security Commission” in Article 42 (2) 4 of the Act mean matters related to the distribution control measures for the food, beverage and agricultural/ livestock/fishery products in an area where a radiological disaster has occurred.

Article 25(Procedures to Collect Fines for Negligence) #

In regard of the procedures to collect fines for negligence as provided in Article 42 (4) of the Decree, the Enforcement Regulation of the National Treasury Management Act shall apply mutatis mutandis. In such case, the method and period for raising an objection and so forth shall also be stated in a notice for payment.