Enforcement Decree Of The Nuclear Safety Act (Korea)

Enforcement Decree Of The Nuclear Safety Act

Published: 2012-12-20

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CHAPTER I GENERAL PROVISIONS

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Article 1 (Purpose)

The purpose of this Decree is to provide for matters delegated by the Nuclear Safety Act and matters necessary for the enforcement thereof.

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Article 2 (Definitions)

The terms used in this Decree shall be defined as follows:

The term "high-level radioactive waste" means any radioactive waste of which radioactive concentration and heat release rate are higher than those prescribed by the Nuclear Safety and Security Commission under Article 3 of the Act on the Establishment and Operation of the Nuclear Safety and Security Commission (hereinafter referred to as the "Commission"); and the term "medium- and low-level radioactive waste" means any radioactive waste other than high-level radioactive waste;

2.	The term "nuclear fuel assembly" means a bundle of nuclear fuel material in such a form as to be suitable for use as fuel for a nuclear reactor;

3.	The term "sealed radioisotope" means any radioisotope sealed in a container made of material having a sufficient mechanical strength and high resistance to corrosion, and designed to allow radiation to be released outside the container but to prevent the radioisotope from being leaked when used;

4.	The term "dose limit" means the upper limit of the amount of exposure to radiation which is the aggregate of the amount of external exposure to radiation and the amount of internal exposure to radiation, and its levels are as shown in attached Table 1;

5.	The term "permissible surface contamination level" means the level of radioactive contamination permissible on the surface of objects or human bodies as determined by the Commission;

6.	The term "preserved area" means any area requiring special management for the preservation of facilities installed to utilize nuclear energy;

7.	The term "restricted area" means any area in the vicinity of a radiation controlled area or preserved area, where the exposed radiation dose is likely to exceed the level determined by the Commission when measured in the boundary thereof;

8.	The term "person with frequent access" means a person frequently accessing a radiation controlled area on duty (excluding those who make a temporary visit to such area), other than radiation workers;

9.	The term "permanent disposal" means an activity of permanently segregating radioactive waste from the sphere of human life without the intention of recovery;

10.	The term "interim storage of spent fuel" means a safe storage for a specified period of nuclear fuel material spent as fuel for a nuclear reactor or produced by other sources of fission until such material is received from the generators and processed or disposed of permanently;

11.	The term "special-form radioactive material" means hard solid type radioactive material or radioactive material sealed in capsules, which meet the criteria for transportation as determined by the Commission;

12.

The term "discharge" means the discharge of radioactive material and other materials contaminated thereby (hereinafter referred to as "radioactive material, etc.") which are generated in a liquid or gaseous state during the normal operation of facilities utilizing nuclear power into the outside through the exhaust and ventilation equipment in a planned and controlled manner within the level set by the Commission;

13.	The term "annual inhaling limit" means the amount of radiation, the quantity of exposure to which by a radiation worker for one year is deemed to reach the dose limit prescribed by the Commission;

14.	The term "concentration in the induction air" means concentration in the air, the inhaling quantity of which by a radiation worker for one year is deemed to reach the amount of annual radioactivity inhaling limit prescribed by the Commission;

15.	The term "person with abnormal reading" means a person falling under any of the following items:

(a)	A person who has been exposed to radiation in excess of the dose limit;

(b)	A person whose dosimeter has become unreadable due to damage, loss, etc;

(c)	A person who has submitted the dosimeter two months after the dosimeter replacement cycle determined by the Commission.

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Article 3 (Nuclear Fuel Material)

"Material prescribed by Presidential Decree" in subparagraph 3 of Article 2 of the Nuclear Safety Act (hereinafter referred to as the "Act") means any of the following materials:

1.	Uranium of which ratio of uranium 235 to uranium 238 is the same as that of natural mixture, and its chemical compounds;

2.	Uranium of which ratio of uranium 235 to uranium 238 is less than that of natural mixture, and its chemical compounds;

3.	Thorium and its chemical compounds;

4.	A material containing one or more materials pursuant to subparagraphs 1 through 3, which can be used as fuel for a reactor;

5.	Uranium of which ratio of uranium 235 to uranium 238 exceeds that of natural mixture, and its chemical compounds;

6.	Plutonium and its chemical compounds;

7.	Uranium 233 and its chemical compounds;

8.	A material containing one or more materials pursuant to subparagraphs 5 through 7.

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Article 4 (Nuclear Source Material)

"Material prescribed by Presidential Decree" in subparagraph 4 of Article 2 of the Act means material containing uranium and its chemical compounds, or thorium and its chemical compounds, other than nuclear fuel material.

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Article 5 (Radioisotopes)

"Isotope prescribed by Presidential Decree" in subparagraph 6 of Article 2 of the Act means any substance for which the quantity and concentration of an isotope exceed such quantity and concentration as determined by the Commission, excluding the following substances:

1.	Nuclear fuel material referred to in subparagraph 3 of Article 2 of the Act;

2.	Nuclear source material referred to in subparagraph 4 of Article 2 of the Act;

3.	Radioactive material or apparatuses in which radioactive material is embedded, which poses no risk of radiation hazard as determined and publicly notified by the Commission.

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Article 6 (Radiation)

"Electromagnetic wave or particle beam prescribed by Presidential Decree" in subparagraph 7 of Article 2 of the Act means any of the following:

1.	Alpha-ray, deuteron beam, proton beam, beta-ray and other heavily charged-particle beam;

2.	Neutron ray;

3.	Gamma-ray and x-ray;

4.	Electron beam containing energy of not less than 50,000 electron volts.

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Article 7 (Nuclear Reactor Excluded from Application)

"Those prescribed by Presidential Decree" in the proviso to subparagraph 8 of Article 2 of the Act means apparatuses other than those which are capable of controlling fission chain reactions and sustaining a state of equilibrium in such reactions without using neutron source.

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Article 8 (Radiation Generating Apparatuses)

"Apparatus prescribed by Presidential Decree" in subparagraph 9 of Article 2 of the Act means any of the following: Provided, That equipment for which use and capacity exceed those determined by the Commission shall be excluded herefrom:

1.	X-ray generating equipment;

2.	Cyclotron;

3.	Synchrotron;

4.	Synchro-cyclotron;

5.	Linear accelerator;

Betatron;

7.	Van de Graff type accelerator;

8.	Cockcroft-Walton type accelerator;

9.	Transformer type accelerator;

10.	Microtron;

11.	Cyclotron light accelerator;

12.	Accelerated ion implanter;

13.	Others determined and publicly announced by the Commission.

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Article 9 (Relevant Facilities)

"Facility prescribed by Presidential Decree" in subparagraph 10 of Article 2 of the Act means any of the following:

1.	Nuclear reactor coolant system facilities;

2.	Instrumentation and control system facilities;

3.	Handling and storage facilities of nuclear fuel material;

4.	Treatment, discharge and storage facilities for radioactive waste located in a nuclear power plant;

5.	Facilities for radiation control;

6.	Nuclear reactor containment facilities;

7.	Nuclear reactor safety system facilities;

8.	Other facilities involved with the safety of a nuclear reactor as determined by the Commission.

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Article 10 (Nuclear Energy Utilization Facilities)

"Facility prescribed by Presidential Decree" in subparagraph 20 of Article 2 of the Act means any of the following:

1.	Nuclear reactors and relevant facilities;

2.	Nuclear fuel cycle facilities;

3.	Facilities for the use of nuclear material;

4.	Facilities for the production, use, distribution, storage, custody, treatment and discharge of radioisotopes;

5.	Radioactive ray apparatuses and subsidiary facilities thereof;

6.	Intermediate facilities for the storage of spent nuclear fuel;

7.	Facilities for the perpetual disposition of radioactive waste;

8.	Facilities for the treatment and storage of radioactive waste.

CHAPTER II FORMULATION, IMPLEMENTATION, ETC. OF COMPREHENSIVE PLANS FOR NUCLEAR SAFETY AND SECURITY

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

"Insignificant matters prescribed by Presidential Decree" in the proviso to Article 3 (4) of the Act means the following matters:

1.	Matters concerning the details of promotion of tasks by sector;

2.	Matters not having a significant impact on the details of comprehensive plans for nuclear safety, which conform with criteria prescribed by the Commission.

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Article 12 (Conduct of Fact-Finding Surveys through Entrustment)

(1)

"Institution or organization prescribed by Presidential Decree" in the latter part of Article 8 (1) of the Act means an institution or organization as defined in the subparagraphs of Article 14 (1) of the Basic Research Promotion and Technology Development Support Act and an institution or organization whose establishment is permitted pursuant to Article 32 of the Civil Act and Article 4 of the Act on the Establishment and Operation of Public Interest Corporations.

(2)	The Commission may make contributions or provide subsidies to institutions and organizations conducting fact-finding surveys of nuclear safety to reimburse expenses therefor.

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Article 13 (Conclusion of Research Agreements)

(1)

When intending to subsidize some of the expenses incurred in research and development projects for nuclear safety with contributions, technical development funds (including in-kind contributions), etc. of a person other than the Government, the head of each institution or organization in charge of conducting research by concluding an agreement on research and development tasks of research and development projects for nuclear safety (hereinafter referred to as "research agreement") pursuant to Article 9 (1) of the Act (hereinafter referred to as "research institution playing a central role") shall first conclude an investment contract or research contract with the person intending to pay such expenses.

(2)	Each research agreement shall include the following:

1.	Title of the research task, the scope and method of research, and the person in charge;

2.	Allocation of research and development expenses and the method of payment thereof;

3.	Reporting on the outcomes of research and development;

4.	Attribution and utilization of the outcomes of research and development;

5.	Measures to be taken based on the assessment of outcomes of research and development;

6.	Use and management of research and development expenses;

7.	Alteration and cancellation of research agreements;

8.	Measures against violations of research agreements;

9.	Other matters which ensue from research and development.

(3)

The head of a research institution in charge of conducting research may require some of the research and development tasks to be conducted collaboratively or jointly with an institution or organization falling under any subparagraph of Article 14 (1) of the Basic Research Promotion and Technology Development Support Act or with an expert in the relevant field, or may entrust such tasks to them, as prescribed by the Commission.

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Article 14 (Disbursement and Management of Contributions)

(1)

The Commission may make contributions to an institution or organization conducting research and development projects for nuclear safety pursuant to Article 9 (1) of the Act (hereinafter referred to as "institution performing projects") with financial resources referred to in the subparagraphs of Article 9 (2) of the Act.

(2)	Contributions shall be made in installments: Provided, That the Commission may make contributions in lump sum in consideration of the scale, time of commencement, etc. of research and development tasks.

(3)	The head of an institution performing projects which has received contributions shall establish an account separate from funds for other purposes and manage the account in a manner that verifies the details of revenues and expenditures of the funds.

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Article 15 (Use of Contributions and Reporting on Results)

(1)	The head of an institution performing projects shall use contributions to pay for expenses incurred in relation to the relevant projects as prescribed by the Commission.

(2)	The head of an institution performing projects shall submit the details of contributions spent annually to the Commission by March 31 of the following year along with the following documents:

1.	A comparison chart of plans for research and development projects and the results of the implementation thereof;

A financial audit report prepared by a certified public accountant (limited to cases where the amount of annual contribution exceeds 500 million won): Provided, That it may be substituted by a statement of opinions of the superintendent government office in cases of a national or public research institution and by a statement of opinions of the president or dean in cases of a university, college, industrial college or technical college provided for in the Higher Education Act.

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Article 16 (Detailed Regulations)

The Commission shall determine matters necessary for the implementation of research and development projects for nuclear safety other than those provided for in this Decree.

CHAPTER III CONSTRUCTION AND OPERATION OF REACTORS AND RELEVANT FACILITIES

Section 1 Construction of Electricity-Generating Reactors and Relevant Facilities

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Article 17 (Application for Construction Permits)

A person who intends to obtain a construction permit for electricity-generating reactors and relevant facilities under the provisions of the former part of the main sentence of Article 10 (1) of the Act (hereinafter referred to as "reactor facilities") shall prepare and submit a written application for a construction permit for each reactor facility to the Commission as prescribed by the regulations of the Nuclear Safety and Security Commission (hereinafter referred to as the "regulations of the Commission"): Provided, That when two or more nuclear reactors of the same type, same thermal power and same structure are to be constructed in the same site, one application may cover the entire applications.

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Article 18 (Notice of Examination Plan)

The Commission in receipt of a written application for a construction permit referred to in Article 17 shall notify the applicant of whether the application documents are appropriate and of the examination plan within 60 days from the date such application is submitted.

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Article 19 (Period for Processing Permits)

(1)

The Commission in receipt of a written application for a permit for the construction of reactor facilities referred to in Article 17 shall determine whether to grant such permit within 24 months: Provided, That in any of the following cases, the Commission shall determine whether to grant such permit within 15 months:

1.	Where the capacity, nuclear reactor type and design dimension of the major equipment prescribed by the Commission are identical to the nuclear reactor for electricity-generating reactor facilities whose construction has already been permitted;

2.	Where the reactor facilities are in conformity with the standard design for which authorization has been granted pursuant to the former part of the main sentence of Article 12 (1) of the Act.

(2)	No period falling under any of the following subparagraphs shall be included in the processing period of a permit as referred to in paragraph (1):

1.	A period for the supplementation and correction of application documents;

2.	Other periods required additionally due to compelling reasons, such as testing to confirm safety.

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Article 20 (Deliberation by Commission)

When the Commission intends to grant a construction permit for reactor facilities pursuant to the main sentence of Article 10 (1) of the Act, it shall deliberate thereon based on the examination report submitted by an entrusted institution as referred to in Article 153 before a relevant permit is granted.

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Article 21 (Application for Revision Permits)

A person who has obtained a construction permit for reactor facilities as referred to in the former part of the main sentence of Article 10 (1) of the Act (hereinafter referred to as "electricity-generating reactor installer") shall, when intending to obtain a permit to revise any permitted matter pursuant to the latter part of the main sentence of the same paragraph, prepare and submit a written application for a permit to revise such matter to the Commission as prescribed by the regulations of the Commission.

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Article 22 (Application for Authorization for Standard Design)

(1)	Any person intending to obtain authorization for the standard design referred to in the former part of the main sentence of Article 12 (1) of the Act shall prepare and submit a written application for authorization to the Commission as prescribed by the regulations of the Commission.

(2)

The provisions of Article 18 shall apply mutatis mutandis to a notice of examination plan with respect to any application for authorization as referred to in paragraph (1), and the provisions of Article 20 shall apply mutatis mutandis to deliberation by the Commission on any application for authorization filed under paragraph (1).

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Article 23 (Applications for Authorization to Revise Standard Design)

When a person who has obtained authorization for the standard design as referred to in the former part of the main sentence of Article 12 (1) of the Act intends to revise authorized matters pursuant to the latter part of the main sentence of the same paragraph, he/she shall prepare and submit a written application for authorization for revision to the Commission as prescribed by the regulations of the Commission.

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Article 24 (Subjects of Exclusion from Authorization for Standard Design)

Matters which may be excluded from granting authorization for the standard design pursuant to Article 12 (6) of the Act shall be as follows:

1.	Matters requiring consistent adoption of new technology for the enhancement of safety;

2.	Matters for which confirmation of safety is impossible before purchase, installation and completion of construction are finished.

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Article 25 (Regulations for Metrical Control)

Each installer of an electricity-generating reactor shall prescribe regulations for metrical control at each business site after obtaining approval from the Commission therefor pursuant to Article 15 (1) of the Act. The same shall also apply to any revision thereof.

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Article 26 (Inspection of Metrical Control of Specific Nuclear Material)

(1)	Each installer of an electricity-generating reactor shall undergo an inspection on metrical control with regard to facilities holding specific nuclear material pursuant to Article 16 (1) of the Act.

(2)

When the Commission intends to conduct an inspection under paragraph (1), it shall notify the installer of the relevant electricity-generating reactor of an inspection plan including a list of inspectors, date of inspection, and details of inspection at least two hours prior to the commencement of the inspection.

(3)	The Commission shall determine detailed matters on the period and methods of inspection, etc. regarding an inspection of metrical control.

(4)

When any installer of an electricity-generating reactor has been inspected by the International Atomic Energy Agency with respect to inspection of metrical control in accordance with the Agreement for the Application of Safety Measures related to the Treaty on the Non-Proliferation of Nuclear Weapons between the Government of the Republic of Korea and the International Atomic Energy Agency and when such inspection is recognized by the Commission, the Commission may omit the inspection referred to in paragraph (1).

(5)	When the specific nuclear material meets the regulations for metrical control as a result of an inspection referred to in paragraph (1), it shall be deemed to have passed such inspection.

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Article 27 (Pre-Service Inspection)

(1)

Unless any installer of an electricity-generating reactor passes an inspection conducted by the Commission for each process as referred to in Article 29 with respect to the construction and performance of nuclear reactor facilities pursuant to Article 16 (1) of the Act, he/she shall not use the relevant facilities.

(2)

When the construction works and performance of reactor facilities are found to conform with the technical criteria referred to in subparagraph 2 of Article 11 of the Act and subparagraph 2 of Article 21 of the Act according to the results of an inspection conducted under paragraph (1), the reactor facilities shall be deemed to have passed such inspection.

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Article 28 (Applications for Pre-Service Inspection)

Any person who intends to undergo a pre-operational inspection under Article 27 shall submit a written application for inspection to the Commission as prescribed by the regulations of the Commission.

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Article 29 (Timing, etc. of Pre-Service Inspection)

(1)	The process and timing to undergo a pre-service inspection under Article 27 shall be as follows:

1.	When construction of major structures of reactor facilities has started and any strength test for each major process is possible;

2.	When any function test for each system is possible after the construction of reactor facilities has been completed;

3.	When it is possible to conduct a test of water pressure at ordinary temperatures and a test of function at high temperatures;

4.	When it is possible to charge nuclear fuel and run a test for trial operation.

(2)

When deemed necessary to inspect the intensity, internal pressure and performance of major devices, components, equipment and systems in reactor facilities, the Commission may inspect them before the construction of reactor facilities has been completed as determined and published by the Commission.

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Article 30 (Provisional Pass)

When the Commission recognizes the existence of extenuating circumstances when conducting a pre-service inspection under Article 27, it may grant a provisional pass for reactor facilities by fixing the period and method for use.

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Article 31 (Quality Assurance Inspection)

Pursuant to Article 16 (1) of the Act, the Commission may inspect to check whether the installer of an electricity-generating reactor conducts activities for quality assurance according to the quality assurance plan submitted pursuant to Article 10 (2) of the Act.

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Article 32 (Period for Commencing Construction Works)

"Period prescribed by Presidential Decree" in Article 17 (1) 2 of the Act means two years from the date on which the relevant permit has been obtained.

Section 2 Operation of Electricity-Generating Reactors and Relevant Facilities

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Article 33 (Applications for Operating Permits)

(1)

Any person intending to obtain an operating permit for reactor facilities pursuant to the former part of the main sentence of Article 20 (1) of the Act shall prepare and submit a written application for operating permits for respective reactor facilities to the Commission as prescribed by the regulations of the Commission: Provided, That where two or more reactors of the same type, same thermal power and same structure are to be operated in the same site, one application may cover the entire applications.

(2)	The provisions of Article 19 (1) shall apply mutatis mutandis to the period for processing applications filed under paragraph (1), on condition that none of the following periods shall be included in the calculation of the period for processing such applications:

1.	A period required to supplement and correct application documents;

2.	A period during which a pre-service inspection is impossible due to the failure to install reactor facilities;

3.	A period additionally required for compelling reasons, such as a test for confirming the safety.

(3)	The provisions of Article 20 shall apply mutatis mutandis to the Commission's deliberation on applications for permits referred to in paragraph (1).

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Article 34 (Applications for Revision Permits)

Any person who has obtained a permit referred to in the former part of the main sentence of Article 20 (1) of the Act (hereinafter referred to as "electricity-generating reactor business operator") shall, when intending to obtain a permit to revise permitted matters pursuant to the latter part of the main sentence of the same paragraph, prepare and submit a written application for a permit for revision to the Commission as prescribed by the regulations of the Commission.

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Article 35 (Regular Inspections)

(1)

Pursuant to Article 22 (1) of the Act, each operator of an electricity-generating reactor business shall undergo an inspection regularly according to the objects to be inspected and methods of inspection as prescribed by the regulations of the Commission with respect to the performance of reactor facilities.

(2)	When the operation and performance of reactor facilities meet the following criteria as a result of an inspection conducted under paragraph (1), the reactor facilities shall be deemed to have passed the inspection:

1.	Reactor facilities must be operated in conformity with the technical criteria referred to in subparagraphs 1 through 3 of Article 21 of the Act;

2.	The performance to withstand the pressure and radiation and other performance of the reactor facilities must be maintained in a state in which the reactor facilities have passed the inspection under Article 27.

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Article 36 (Timing, etc. of Cyclic Safety Assessment)

(1)

Pursuant to Article 23 (1) of the Act, each operator of an electricity-generating reactor business shall comprehensively assess the safety of the reactor facilities every ten years from the date on which he/she has obtained a permit to operate the relevant reactor facilities (in cases where the construction permit and the operating permit are simultaneously granted, the date on which the reactor reaches its criticality for the first time shall be deemed the date on which the operating license is granted; hereafter the same shall apply in this Article), and prepare and submit an assessment report to the Commission.

(2)

The assessment report referred to in paragraph (1) shall be prepared for each reactor facility separately, and the day corresponding to every ten years from the date on which the permit to operate the relevant reactor facilities is granted shall be the record date of assessment, and the assessment report shall be submitted within one year and six months from such record date of assessment.

(3)

With respect to reactor facilities sharing the final analysis of safety report as referred to in Article 20 (2) of the Act, a single cyclic safety assessment report may be submitted by simultaneously assessing them according to an assessment schedule for the reactor facilities that were installed earlier: Provided, That the degree of wear and tear of equipment, differences in operational conditions, etc. depending on the period of operation of reactor facilities shall be separately considered when such assessment is made.

(4)

Notwithstanding the provisions of paragraph (2), when any operator of an electricity-generating reactor business intends to continue to operate reactor facilities after the lifespan of design of the reactor facilities is terminated (hereinafter referred to as "continuous operation"), he/she shall submit a written assessment within two to five years before the record date of assessment which is the date on which the lifespan of design comes to an end (including the dates on which ten years elapse every ten years thereafter).

(5)	When any operator of an electricity-generating reactor business intends to stop continuing to operate reactor facilities, he/she shall apply for a permit for revision as referred to in Article 34 to permanently stop the reactor facilities.

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Article 37 (Details of Cyclic Safety Assessment)

(1)	The details of the cyclic safety assessment made under Article 23 (3) of the Act shall include the following:

1.	Matters concerning physical conditions at the time of assessing reactor facilities;

2.	Matters concerning safety analyses;

3.	Matters concerning the verification of machinery and tools;

4.	Matters concerning deterioration which ensues from the lapse of time (referring to physical or chemical processes that incur damage to the systems, structures and equipment of nuclear power plants, according to the lapse of time or use);

5.	Matters concerning safety performance;

6.	Matters concerning the utilization of experience in operating nuclear power plants and of the outcomes of research thereon;

7.	Matters concerning procedure papers with respect to operation and maintenance, etc.;

8.	Matters concerning organization and administration;

9.	Matters concerning personnel (including matters concerning the state of constituent members, etc. needed for the operation of reactors);

10.	Matters concerning the radiological emergency plan under Article 20 of the Act on Measures for the Protection of Nuclear Facilities, etc. and Prevention of Radiation Disasters;

11.	Matters concerning radiological impact on the environment.

(2)	When continuous operation is intended pursuant to Article 36 (4), the following matters shall be additionally included in addition to the matters set forth in the subparagraphs of paragraph (1):

1.	Assessment of lifespan of main equipment in consideration of the period of continuous operation;

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

(3)	Details concerning the matters set forth in the subparagraphs of paragraphs (1) and (2) shall be prescribed by the regulations of the Commission.

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Article 38 (Methods of and Criteria for Cyclic Safety Assessment)

(1)	The methods of and criteria for making the cyclic safety assessment as referred to in Article 23 (3) of the Act shall be as follows:

1.	Individual assessment of the matters set forth in the subparagraphs of paragraphs (1) and (2) of Article 37 and the combined assessment of matters related to each other shall be made;

2.	Assessment of the matters set forth in the subparagraphs of paragraphs (1) and (2) of Article 37 must be conducted after including matters concerning quality assurance and protection from radiation therein (limited to cases where any corresponding matters are in existence);

3.	Comprehensive safety of the relevant reactor facilities must be assessed in consideration of the assessment of the matters set forth in the subparagraphs of paragraphs (1) and (2) of Article 37 and the results of safety measures taken according to such assessment;

4.	Safety of the relevant reactor facilities shall be assessed by utilizing effective technical levels thereof at the time of making such review.

(2)	Notwithstanding the provision of paragraph (1) 4, the following provisions shall apply to reactor facilities for which continuous operation is intended pursuant to Article 36 (4):

1.	A safety assessment must be conducted by utilizing technical criteria for systems, structures and equipment, in which the most advanced experience in operation, outcomes of research, etc. are reflected;

2.	A safety assessment must be conducted by utilizing the most advanced technical criteria for radiological impact on the environment.

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Article 39 (Period for Processing Examination of Cyclic Safety Assessment Reports)

(1)	Upon receipt of an assessment report submitted as referred to in Article 36 (2) or an assessment report as referred to in paragraph (4) of the same Article, the Commission shall examine it and notify the applicant of the results of the examination within 12 months and 18 months, respectively.

(2)	Nither of the following periods shall be included in the calculation of the period for processing examination:

1.	A period required to supplement or correct the assessment report;

2.	A period additionally required for compelling reasons, such as a test for confirming safety.

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Article 40 (Period for Commencing Business)

"Period prescribed by Presidential Decree" in Article 24 (1) 2 of the Act means five years from the date on which the relevant permit is granted.

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Article 41 (Safety Measures for Operation of Electricity-Generating Reactors)

(1)	Pursuant to Article 26 (1) of the Act (including cases as applicable mutatis mutandis in Article 34 of the Act), any operator of an electricity-generating reactor business shall take the following safety measures prescribed by the regulations of the Commission:

1.	Measures for the radiation controlled areas, etc.;

2.	Measures concerning the radiation dose, etc.;

3.	Measures concerning the patrol and check of reactor facilities;

4.	Measures concerning the safe operation of reactors;

5.	Measures concerning the self-inspection of reactor facilities;

6.	Measures concerning checking and testing during the operation of reactor facilities;

7.	Measures concerning monitoring of reactor containers;

8.	Measures concerning the safe transportation within the boundary of the relevant establishment;

9.	Measures concerning the storage of radioactive material, etc. within the boundary of the relevant establishment;

10.	Measures concerning the treatment, discharge and storage of radioactive waste within the boundary of the relevant establishment.

(2)

Notwithstanding the provisions of paragraph (1), paragraph (1) may not apply to matters where it is impracticable to apply paragraph (1) due to the purposes of use of reactors or differences in the principle of design or to matters concerning which the Commission deems no safety problems will emerge from technical viewpoints although the provisions of paragraph (1) are not applied.

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Article 42 (Provisions Applicable Mutatis Mutandis)

The provisions of Articles 18, 25, 26 and 31 shall apply mutatis mutandis to electricity-generating reactor business operators. In such cases, "electricity-generating reactor installer," "Article 17" in Article 18," "written application for a construction permit," "Article 10 (2) of the Act" in Article 31," and "Article 16 (1) of the Act" shall be construed as "electricity-generating reactor business operator," "Article 33," "written application for an operating permit," "Article 20 (2) of the Act," and "Article 22 (1) of the Act."

Section 3 Construction and Operation of Research Reactors, etc.

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Article 43 (Applications for Permits for Construction and Operation)

(1)

Any person intending to obtain a permit for the construction and operation of a research or educational reactor and relevant facilities pursuant to the former part of the main sentence of Article 30 (1) of the Act (hereinafter referred to as "reactor facilities for research, etc.") shall prepare and submit to the Commission a written application for a permit for the respective research reactor facilities, etc. as prescribed by the regulations of the Commission: Provided, That two or more nuclear reactors of the same type, same thermal power, and same structure are to be built in the same site, one application may cover the entire applications.

(2)	The provisions of Article 20 shall apply mutatis mutandis to the Commission's deliberation on applications for permits as referred to in paragraph (1).

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Article 44 (Applications for Permits for Revision)

When a person who has obtained a permit to construct and operate research reactor facilities, etc. as referred to in Article 43 (hereinafter referred to as "installer of a research reactor, etc.") intends to revise any permitted matter, he/she shall submit a written application for the revision thereof to the Commission as prescribed by the regulations of the Commission.

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Article 45 (Reporting, etc. on Foreign Nuclear Ships' Entries into and Departures from Ports)

(1)

Any person intending to have a foreign nuclear ship enter and depart from a port of the Republic of Korea pursuant to Article 31 of the Act shall submit an entry or departure report to the Commission 20 days prior to the date such ship is scheduled to enter or depart from the port as prescribed by the regulations of the Commission.

(2)	When a person who has submitted a report pursuant to paragraph (1) intends to revise any matter stated in the report, he/she shall report such matter to the Commission.

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Article 46 (Period for Commencing Business)

"Period prescribed by Presidential Decree" in subparagraph 2 of Article 32 of the Act means three years from the date on which the relevant permit is granted.

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Article 47 (Provisions to be Applied Mutatis Mutandis)

The provisions of Articles 25 through 31, 35 and 40 shall apply mutatis mutandis to reactor facilities for research, etc. In such cases, "electricity-generating reactor installer" and "electricity-generating reactor business operator" shall be construed as "installer of research reactor facilities, etc."

CHAPTER IV NUCLEAR FUEL CYCLE BUSINESS AND USE, ETC. OF NUCLEAR MATERIAL

Section 1 Nuclear Fuel Cycle Business

Subsection 1 Refining Business

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Article 48 (Applications for Permits)

Any person who intends to obtain a permit to engage in refining business pursuant to the former part of the main sentence of Article 35 (1) of the Act shall prepare and submit a written application for a permit to the Commission for each business site (including factories; hereinafter the same shall apply) as prescribed by the regulations of the Commission.

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Article 49 (Applications for Revision Permits)

When a person who has obtained a permit to engage in refining business pursuant to the former part of the main sentence of Article 35 (1) of the Act (hereinafter referred to as "refining business operator") intends to obtain a permit to revise any permitted matter pursuant to the latter part of the main sentence of the same paragraph, he/she shall submit a written application for a permit for revision to the Commission as prescribed by the regulations of the Commission.

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Article 50 (Regular Inspections)

Pursuant to Article 37 (1) of the Act, a refining business operator shall undergo an inspection conducted at intervals by the Commission as prescribed by the regulations of the Commission.

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Article 51 (Period for Commencing Business)

"Period prescribed by Presidential Decree" in Article 38 (1) 2 of the Act means the period of two years from the date on which the relevant permit is obtained.

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Article 52 (Provisions to be Applied Mutatis Mutandis)

The provisions of Articles 25 and 26 shall apply mutatis mutandis to refining business operators. In such cases, "electricity-generating reactor installer" shall be construed as "refining business operator".

Subsection 2 Transforming and Processing Business

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Article 53 (Applications for Permits)

(1)

Any person who intends to obtain a permit to engage in processing business (including transformation business; hereinafter the same shall apply) pursuant to the former part of the main sentence of Article 35 (1) of the Act shall prepare and submit a written application for a permit for each business place to the Commission as prescribed by the regulations of the Commission.

(2)	The Commission shall, when intending to grant a permit as referred to in the former part of the main sentence of Article 35 (1) of the Act, submit the evaluation report of the agency entrusted under Article 153 for deliberation before it grants such permit.

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Article 54 (Applications for Revision Permits)

When a person who has obtained a permit to engage in processing business pursuant to the former part of the main sentence of Article 35 (1) of the Act (hereinafter referred to as "processing business operator") intends to obtain a permit to revise any permitted matter pursuant to the latter part of the main sentence of the same paragraph, he/she shall submit a written application for a permit for revision to the Commission as prescribed by the regulations of the Commission.

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Article 55 (Facility Inspections)

(1)	Pursuant to Article 37 (1) of the Act, a processing business operator shall undergo an inspection of the construction work and performance of his/her processing facilities (including transformation facilities; hereinafter the same shall apply) by the Commission.

(2)	When a processing business operator intends to undergo an inspection as referred to in paragraph (1), he/she shall submit a written application for inspection to the Commission as prescribed by the regulations of the Commission.

(3)	When a processing business operator intends to revise any matter stated in the application referred to in paragraph (1), he/she shall report it to the Commission in advance.

(4)	When processing facilities meet both of the following conditions according to the results of an inspection conducted under paragraph (1), they shall be deemed to have passed such inspection:

1.	Where the relevant construction work has been done in conformity with documents submitted pursuant to Article 35 (3) of the Act;

2.	Where the relevant facilities are recognized as installed in conformity with the technical criteria under subparagraph 2 of Article 36 of the Act.

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Article 56 (Implementation of Facility Inspections)

In conducting an inspection of facilities under Article 55 (1), the timing of inspection for each object of inspection shall be as follows:

1.	With respect to the structures of civil works and buildings, when the work for the relevant facilities has commenced and the structure and hardness thereof can be confirmed by each process or the leakage tests can be conducted;

2.	With respect to the equipment requiring control and management thereof to prevent nuclear fuel material from reaching the criticality, when the distance between equipment can be measured;

3.	With respect to the equipment requiring airtightness or watertightness, when the nondestructive initial test, airtightness or watertightness tests can be conducted;

4.	With respect to the facilities for disposing of radioactive waste, when the distance between main components can be measured.

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Article 57 (Quality Assurance Inspections)

Pursuant to Article 37 (1) of the Act, the Commission may conduct an inspection to check whether a processing business operator is implementing quality assurance activities according to the quality assurance plan submitted pursuant to Article 35 (3) of the Act.

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Article 58 (Regular Inspections)

(1)

Pursuant to Article 37 (1) of the Act, a processing business operator shall undergo an inspection conducted regularly by the Commission with respect to performance of his/her processing facilities as prescribed by the regulations of the Commission: Provided, That in cases where it overlaps with the details of the inspection conducted by an institution designated as a specialized inspection institution in accordance with other Acts and subordinate statutes, such inspection may be omitted.

(2)	When the performance of processing facilities is found to be maintained in such state as passed an inspection of facilities under Article 55 as a result of an inspection under paragraph (1), such processing facilities shall be deemed to have passed such inspection.

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Article 59 (Period for Commencing Business)

"Period prescribed by Presidential Decree" in Article 38 (1) 2 of the Act means the period of two years from the date on which the relevant permit is obtained.

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Article 60 (Provisions to be Applied Mutatis Mutandis)

The provisions of Articles 25 and 26 shall apply mutatis mutandis to processing business operators. In such cases, "installer of an electricity-generating reactor" shall be construed as "processing business operator."

Subsection 3 Spent Nuclear Fuel Processing Business

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Article 61 (Applications for Designation)

(1)

When a person intending to engage in spent fuel processing business intends to obtain designation therefor pursuant to the former part of the main sentence of Article 35 (2) of the Act, he/she shall prepare and submit a written application for designation to the competent Minister at each place of business as prescribed by the regulations of the Commission.

(2)	The provisions of Article 53 (2) shall apply mutatis mutandis to the Commission's deliberation on applications for designation referred to in paragraph (1).

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Article 62 (Applications for Approval for Revision)

When a person who has obtained designation pursuant to the former part of the main sentence of Article 35 (2) of the Act (hereinafter referred to as "spent nuclear fuel processing business operator") intends to obtain approval for revision of any designated matter pursuant to the latter part of the main sentence of the same paragraph, he/she shall submit a written application for approval for such revision to the competent Minister as prescribed by the regulations of the Commission.

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Article 63 (Pre-Service Inspections)

(1)	Pursuant to Article 37 (1) of the Act, a spent fuel processing business operator shall undergo an inspection by the Commission on matters concerning the construction and performance of spent fuel processing facilities.

(2)	When a spent fuel processing business operator intends to undergo an inspection as referred to in paragraph (1), he/she shall submit a written application for inspection to the Commission as prescribed by the regulations of the Commission.

(3)	A spent fuel processing business operator shall, when intending to revise any matter stated in the written application referred to in paragraph (1), report thereon to the Commission in advance.

(4)	When spent fuel processing facilities are found to meet both of the following conditions according to the results of an inspection under paragraph (1), they shall be deemed to have passed the inspection:

1.	Where the relevant construction works have been performed according to documents furnished pursuant to Article 35 (3) of the Act;

2.	Where the performance of the facilities meets the technical criteria under subparagraph 2 of Article 36 of the Act.

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Article 64 (Execution of Pre-Service Inspections)

The timing for a construction process which has to undergo a pre-operational inspection pursuant to Article 63 shall be as follows:

With respect to material or components requiring radiation shielding, or other materials or components that require airtightness, watertightness or corrosion-resistance, when airtightness testing or watertightness testing, strength testing, non-destructive inspection or testing or chemical analysis and testing are conducted;

With respect to assembly of facilities for taking in or storing spent nuclear fuel, the main body of spent nuclear fuel treating facilities, facilities for storing products, and waste facilities of radioactive waste, when the dimension of main components of each facility can be measured or the strength testing, non-destructive inspection and testing, airtightness testing or watertightness testing is conducted;

3.	With respect to assembly of buildings, facilities in the measurement and control system, radiation control facilities and other spent nuclear fuel treating facilities, when each facility is completed;

4.	With respect to performance of spent nuclear fuel treating facilities, when a trial operation is conducted at the maximum spent nuclear fuel treatment capacity of the spent nuclear fuel treating facilities;

5.	At other times the Commission deems necessary.

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Article 65 (Regular Inspections)

(1)	Pursuant to Article 37 (1) of the Act, each spent nuclear fuel treating business operator shall have the performance of spent nuclear fuel treating facilities inspected on a regular basis as prescribed by the regulations of the Commission.

(2)	When the performance of spent nuclear fuel treating facilities is found to conform to the following criteria according to the results of an inspection under paragraph (1), such facilities shall pass the inspection:

1.	Spent nuclear fuel treating facilities must be operated in conformity with the technical criteria under Article 36 of the Act;

2.	The capability to prevent fires and explosion in the spent nuclear fuel treating facilities and other performance thereof must be maintained in a state in which such facilities have passed an inspection under Article 63.

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Article 66 (Period for Commencing Business)

"Period prescribed by Presidential Decree" in Article 38 (1) 2 of the Act means ten years from the date the relevant designation is obtained.

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Article 67 (Provisions Applicable Mutatis Mutandis)

The provisions of Articles 25, 26 and 57 shall apply mutatis mutandis to spent fuel processing business operators. In such cases, "installer of an electricity-generating reactor" or "processing business operator" shall be construed as "spent fuel processing business operator."

Subsection 4 Safety Measures for Operation

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

(1)	Pursuant to Article 40 (1) of the Act, any person who has obtained a permit or designation under Article 35 (1) or (2) of the Act (hereinafter referred to as "nuclear fuel cycle business operator") shall take the following safety measures as prescribed by the regulations of the Commission:

1.	Measures for the radiation controlled areas, etc.;

2.	Measures for the radiation dose, etc.;

3.	Measures for the patrol and check of nuclear fuel cycle facilities;

4.	Measures for the safe operation of nuclear fuel cycle facilities;

5.	Measures for the self-inspection of nuclear fuel cycle facilities;

6.	Measures for the safe transportation within the boundary of the relevant establishment;

7.	Measures for the storage of radioactive material, etc. within the boundary of the relevant establishment;

8.	Measures for the treatment, discharge and storage of radioactive wastes within the boundary of the relevant establishment.

(2)	Notwithstanding the provisions of paragraph (1), where the Commission recognizes that a case falls under any of the following subparagraphs, paragraph (1) shall not apply:

1.	Where the use of nuclear fuel cycle facilities pertains to research or experiment;

2.	Where it is difficult to fully apply the provisions of paragraph (1) due to the characteristics of facilities and the technical difference;

3.	Where, although the safety measures under paragraph (1) are not taken, such exclusion does not hinder the safety in the light of technical aspects.

Section 2 Use, etc. of Nuclear Material

Subsection 1 Use of Nuclear Fuel Material

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Article 69 (Applications for Permits for Use)

A person who intends to obtain a permit for use or possession of nuclear fuel material pursuant to the former part of the main sentence of Article 45 (1) of the Act (with the exclusion of the subparagraphs thereof) shall submit a written application for a permit to the Commission at each place of business as prescribed by the regulations of the Commission.

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Article 70 (Applications for Revision Permits)

When a person who has obtained a permit under the former part of the main sentence of Article 45 (1) of the Act (with the exclusion of the subparagraphs thereof) (hereinafter referred to as "user of nuclear fuel material") intends to obtain a permit for revision of any permitted matter pursuant to the latter part of the main sentence of the same paragraph (with the exclusion of the subparagraphs thereof), he/she shall submit a written application for a permit for the revision thereof to the Commission as prescribed by the regulations of the Commission.

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Article 71 (Nuclear Fuel Material Not Subject to Permit for Use)

"Nuclear fuel material of the kind and in the quantity prescribed by Presidential Decree" in Article 45 (1) 3 of the Act means nuclear fuel material falling under any of the following subparagraphs:

1.	For uranium of which ratio of uranium 235 to uranium 238 is the same as the natural mixture and its compounds, the quantity of uranium does not exceed 300 grams;

2.	For uranium of which ratio of uranium 235 to uranium 238 is less than the ratio in the natural mixture and its compounds, the quantity of uranium does not exceed 300 grams;

3.	For material which contains one or more of the material set forth in subparagraph 1 or 2, and which is used as fuel for a nuclear reactor, the quantity of uranium does not exceed 300 grams;

4.	For thorium and its compounds, the quantity of thorium is not more than 900 grams;

5.	For material which contains one or more of the material set forth in subparagraph 4, and which is used as fuel for a nuclear reactor, the quantity of thorium is not more than 900 grams;

6.	Other matters which the Commission determines and publicly announces that they are not likely to cause any occurrence of radiation injury.

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Article 72 (Criteria for Granting Permits)

"Equipment and manpower prescribed by Presidential Decree" in subparagraph 4 of Article 46 of the Act means the following equipment and manpower:

1.	Equipment:

(a)	In the case of using or possessing sealed nuclear fuel material, not less than one radiation-dosimeter:

(b)	In the case of using or possessing unsealed nuclear fuel material, each one or more of radiation-dosimeters and radiation detectors at respective utilization facilities;

Manpower:

(a)

In the case of using or possessing nuclear fuel material referred to in the subparagraphs of Article 73 (1), not less than one holder among the holders of license for supervising the handling of nuclear fuel material, licenses for supervising the handling of radiation as referred to in Article 84 (2) 3 or 7 of the Act or qualifications for radiation control engineer as provided for in the National Technical Qualifications Act (hereinafter referred to as "professional radiation control engineer");

(b)	Not less than one holder among the holders of license for handling nuclear fuel material or general license for handling radioisotope except for the case of item (a).

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Article 73 (Facility Inspections)

(1)

A nuclear fuel material user shall undergo an inspection by the Commission with respect to facilities, etc. utilizing the following nuclear fuel material pursuant to Article 47 (1) of the Act. Where such utilization facilities, etc. are changed, the same shall also apply to the relevant utilization facilities, etc.:

1.	Plutonium, its compounds and material which contain one or more of them and which contain not less than one gram of plutonium (excluding the sealed ones);

2.	Spent nuclear fuel of 100 curies or more;

3.	Hexafluoride uranium which contains not less than one ton of uranium;

4.	Uranium, its compounds and material which contain one or more of them and which contain not less than three tons of uranium (limited to liquid material).

(2)	A person who shall undergo an inspection of the construction of the facilities, etc. using the nuclear fuel material pursuant to paragraph (1) shall submit a written application for inspection to the Commission as prescribed by the regulations of the Commission.

(3)

A person who shall undergo an inspection of the construction of the facilities, etc. using the nuclear fuel material pursuant to paragraph (1) shall, when intending to alter such facilities, etc. pursuant to the latter part of the same paragraph (with the exclusion of the subparagraphs thereof), submit a written application for an inspection for alteration to the Commission as prescribed by the regulations of the Commission.

(4)	When the construction of facilities, etc. using the nuclear fuel material meets the technical criteria under subparagraph 2 of Article 46 of the Act according to the results of an inspection conducted under paragraphs (1) and (3), the inspection shall be deemed to be passed.

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Article 74 (Execution of Facility Inspections)

The timing of a construction process at which facilities are required to be inspected pursuant to Article 73 (1) shall be as follows:

1.	When the nondestructive test, airtightness or watertightness test is performed with respect to equipment used for research of spent fuel processing which requires airtightness or watertightness;

2.	With respect to shielding walls or other shielding material, when it is possible to measure the thickness thereof;

3.	With respect to equipment requiring the monitoring of dimension and arrangement to prevent nuclear fuel material from reaching the criticality, when it is possible to measure the dimension of the parts or the distance between the parts;

4.	When the facilities using nuclear fuel material other than those as provided for in subparagraphs 1 through 3 are completed.

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Article 75 (Regular Inspections)

Pursuant to Article 47 (1) of the Act, a user of nuclear fuel material shall undergo an inspection conducted by the Commission regularly as prescribed by the regulations of the Commission.

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Article 76 (Provisions to be Applied Mutatis Mutandis)

The provisions of Articles 25 and 26 shall apply mutatis mutandis to users of nuclear fuel material. In such cases, "installer of an electricity-generating reactor" shall be construed as "user of nuclear fuel material."

Subsection 2 Use of Nuclear Source Material

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Article 77 (Reporting on Use)

A person who intends to use nuclear source material pursuant to the former part of Article 52 (1) of the Act (with the exclusion of the subparagraphs thereof) shall have each of his/her business establishments prepare a report for submission to the Commission as prescribed by the regulations of the Commission.

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Article 78 (Reporting on Revision)

When a person who has reported pursuant to the former part of Article 52 (1) of the Act (with the exclusion of the subparagraphs thereof) intends to report any revision of reported matters pursuant to the latter part of the same paragraph (with the exclusion of the subparagraphs thereof), he/she shall have each of his/her business establishments report the revision of such reported matters to the Commission as prescribed by the regulations of the Commission.

CHAPTER V CONTROL OF RADIOISOTOPES, ETC., RADIOACTIVE WASTE AND RADIOACTIVE MATERIAL

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Article 79 (Applications for Permits for Use)

(1)

A person who intends to obtain a permit for the production, sale, use (including possession and handling; hereinafter the same shall apply) or mobile use of radio isotopes or radioactive ray apparatuses under the former part of the main sentence of Article 53 (1) of the Act (hereinafter referred to as "radioisotopes, etc.") shall have each of his/her business establishments file an application for the permit to the Commission as prescribed by the regulations of the Commission.

(2)

A person who intends to obtain a permit for the production of radioisotopes, etc. pursuant to paragraph (1) shall have each of his/her business establishments submit a written application for such permit by nuclear species and quantity in the case of radioisotopes, and by capacity, in the case of radioactive ray apparatuses, to the Commission as prescribed by the regulations of the Commission.

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Article 80 (Applications for Revision of Permitted Matters)

When a person who has obtained a permit pursuant to the former part of the main sentence of Article 53 (1) of the Act (hereinafter referred to as "permitted user") intends to obtain a permit to revise any permitted matter pursuant to the latter part of the main sentence of the same paragraph, he/she shall submit a written application for the permit for the revision thereof to the Commission as prescribed by the regulations of the Commission.

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Article 81 (Reporting on Use)

A person who intends to report the use or a mobile use of the sealed radioisotopes or the radioactive ray apparatuses pursuant to the former part of Article 53 (2) of the Act shall have each of his/her business establishments submit the report on the use or mobile use of them to the Commission as prescribed by the regulations of the Commission.

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Article 82 (Reporting on Revision)

When a person who has reported pursuant to the former part of Article 53 (2) of the Act (hereinafter referred to as "reporting user") intends to revise any reported matter pursuant to the latter part of the same paragraph, he/she shall submit a report on the revision thereof to the Commission as prescribed by the regulations of the Commission.

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Article 83 (Criteria for Granting Permits)

(1)	"Radiation dose limits prescribed by Presidential Decree" in Article 55 (1) 2 of the Act means such dose limits as referred to in subparagraph 4 of Article 2.

(2)	"Apparatuses and manpower prescribed by Presidential Decree" in Article 55 (1) 4 of the Act means the following apparatuses and manpower:

1.	Apparatuses:

(a)	In the case of using sealed radioisotopes, etc., not less than one radiation-dosimeter;

(b)	In the case of using unsealed radioisotopes, not less than one radiation-dosimeter and radiation detector for each facility using such radioisotopes;

(c)	In the case of making a mobile use of radioisotopes, etc., not less than one radiation-dosimeter: Provided, That in the case of making a mobile use of radioisotopes for the purpose of non-destructive test, apparatuses as prescribed in attached Table 2;

(d)	In the case of selling sealed radioisotopes, etc., not less than two radiation-dosimeters and not less than one vehicle for transporting radiation sources;

(e)	In the case of selling unsealed radioisotopes, not less than two radiation-dosimeters, not less than two radiation detectors and not less than one vehicle for transporting radiation sources;

(f)	In the case of producing radioisotopes, not less than one each of radiation-dosimeter and radiation detector;

(g)	In the case of producing radioactive ray apparatuses, not less than one radiation-dosimeter;

2.	Manpower: Manpower as prescribed in attached Table 3: Provided, That in the case of making mobile use for the purpose of non-destructive inspection, such manpower as prescribed in attached Table 2.

(3)

When a person who intends to use or sell radioisotopes, etc. has his/her business agent under Article 54 (2) of the Act (hereinafter referred to as "business agent") act for his/her business, he/she may have the manpower of such agent substitute the manpower referred to in paragraph (2) 2 as prescribed by the regulations of the Commission.

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Article 84 (Criteria for Registration)

"Apparatuses and manpower prescribed by Presidential Decree" in Article 55 (2) 2 of the Act means the following apparatuses and manpower:

1.	Apparatuses: The following apparatuses, to take exclusive charge of the registered service:

(a)	Not less than five radiation-dosimeters;

(b)	Not less than two radiation detectors;

(c)	Not less than one radiation monitor and not less than one pocket dosimeter for each person in charge;

(d)	Not less than one vehicle for the exclusive use of transporting radioactive material, etc. (limited to cases where the business is vicariously conducted under Article 54 (1) 2 of the Act);

2.	Manpower: Manpower exclusively in charge of the registered service as shown in attached Table 4.

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Article 85 (Facility Inspections)

(1)

When a permitted 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 sentence of Article 56 (1) of the Act, he/she shall have the relevant facilities inspected by the Commission.

(2)

When a permitted user conducts a self-inspection of any of the following facilities for use, etc. as prescribed by the regulations of the Commission 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, That the same shall not apply to the first inspection of the relevant facilities for use, etc.:

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 sentence of Article 60 (1) of the Act is installed;

2.	Facilities for use, etc. in which radioactive ray apparatuses approved pursuant to the main sentence of Article 60 (1) of the Act and prescribed by the regulations of the Commission 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. falling under the subparagraphs of paragraph (2) as prescribed by the regulations of the Commission 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, That the same shall not apply to the first inspection of the relevant facilities for use, etc.

(4)

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

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

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Article 86 (Exemptions from Facility Inspections)

Cases where a facility inspection is exempted pursuant to the proviso to Article 56 (1) of the Act are as follows:

1.	Where storage facilities for unsealed radioisotopes are changed;

2.	Where storage facilities for radioactive waste (excluding wastes sources) are changed;

3.	Where facilities for use, etc. are installed in a place for temporary use;

4.	Where facilities for use, etc. are additionally installed or changed to use radioisotopes, etc. subject to reporting pursuant to Article 53 (2) of the Act;

5.	Where radiation equipment which has passed an inspection of manufacturing under Article 94 (1) is installed without altering existing facilities;

6.	Where the synchrotron beamline is additionally installed in the synchrotron light source or the structure is altered and the Commission deems it unnecessary to inspect the facilities;

7.	Where facilities for keeping radioactive ray apparatuses are installed or changed.

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Article 87 (Applications for Facility Inspections)

A person who shall undergo an inspection with respect of facilities for use, etc. pursuant to Article 85 (1) shall submit a written application for inspection to the Commission along with documents as prescribed by the regulations of the Commission.

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Article 88 (Regular Inspections)

(1)	Pursuant to Article 56 (1) of the Act, each permitted user shall undergo a regular inspection with regard to facilities for use, etc. and the operation thereof by the Commission as prescribed by the regulations of the Commission.

(2)	Pursuant to the main sentence of Article 56 (1) of the Act, each business agent shall undergo a regular inspection by the Commission with regard to the operation and details of his/her agency business as prescribed by the regulations of the Commission.

(3)

When a permitted user satisfying all the following requirements conducts a self-inspection with regard to facilities for use, etc. and the operation thereof as prescribed by the regulations of the Commission and passes a documentary examination of the Commission on the results of such self-inspection, a regular inspection under paragraph (1) shall be substituted by such self-inspection: Provided, That the same shall not apply to the first regular inspection:

1.	A permitted user installing and operating facilities for use, etc. the regular inspection cycle of which, prescribed by the regulations of the Commission, is three years or five years;

2.	A permitted user who was not subject to an order for correction or supplementation in the immediately preceding regular inspection;

3.	A permitted user who has not deleted 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 permitted user who has had no 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.	A permitted user without the occurrence of robbery, losses, fires and other accidents involving radioactive ray apparatuses or radioactive material, 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 under Articles 55 and 59 (1) of the Act according to the results of a documentary examination on the outcomes of an inspection under paragraphs (1) and (2) or the outcomes of a self-inspection under paragraph (3), the documentary examination shall be deemed to have been passed.

(5)	The Commission shall conduct an inspection under paragraph (1) for facilities for use, etc. which have failed in a documentary examination on the results of a self-inspection submitted pursuant to paragraph (3) and the operation thereof.

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Article 89 (Exemption from Regular Inspections)

(1)

Pursuant to the proviso to Article 56 (1) of the Act, permitted users and business agents the Commission recognizes to be outstanding as a result of an inspection under Article 88 and Article 98 (2) of the Act or to have achieved a high level of self-management of safety shall be exempted from a regular inspection.

(2)	The Commission shall determine and publish the criteria for exempting the inspection referred to in paragraph (1) and other matters necessary for exempting the inspection.

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Article 90 (Applications for Regular Inspections)

A person who shall undergo an inspection pursuant to Article 88 (1) and (2) shall submit a written application for the inspection to the Commission: Provided, That the same shall not apply where the Commission has formulated an inspection plan for agencies subject to regular inspection for the competent year and notified the permitted users and the business agents thereof.

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Article 91 (Production Inspections)

(1)	Pursuant to Article 56 (1) of the Act, any person who has obtained a permit for the production of radioisotopes shall have the production of the following radioisotopes inspected by the Commission for each nuclear species and quantity as prescribed by the regulations of the Commission:

1.	Sealed radioisotopes;

2.	Unsealed radioisotopes;

3.	Special-form radioactive material.

(2)	When the performance of radioisotopes and the details of the quality guarantee schedule conform to the criteria for granting permits under Article 55 (1) 3 of the Act as a result of an inspection under paragraph (1), they shall be deemed to have been passed the inspection.

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Article 92 (Period for Commencing Business)

"Period prescribed by Presidential Decree" in Article 57 (1) 2 of the Act means the period of one year from the date on which the relevant permit is obtained.

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Article 93 (Approval for Design of Radiation Equipment)

(1)

A person who intends to manufacture or import a radioactive ray apparatus or radioisotope-embedded equipment under the former part of the main sentence of Article 60 (1) of the Act (hereinafter referred to as "radiation equipment") shall obtain approval for design for the relevant type of radiation equipment (hereinafter referred to as "approval for design") as prescribed by the regulations of the Commission: Provided, That the same shall not apply to repeated manufacturing or importation of radiation equipment whose design has already been approved.

(2)	The criteria for granting approval for design shall be as follows:

1.	The radiation equipment shall not be feared that the radiation source is easily released or radiation injuries occur due to the damage, corrosion, etc. of the radiation equipment;

2.	The design and structure of the radiation equipment shall conform to the criteria prescribed and publicly announced by the Commission.

(3)	When the design of the radiation equipment is in conformity with the criteria under paragraph (2), the Commission shall issue a certificate of approval for design to the applicant thereof as prescribed by the regulations of the Commission.

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Article 94 (Inspections of Radiation Equipment)

(1)	A person who intends to undergo an inspection under the main sentence of Article 61 (1) of the Act shall submit a written application for inspection to the Commission as prescribed by the regulations of the Commission.

(2)	The Commission shall determine and publish matters necessary for the criteria for inspection under paragraph (1).

(3)	When any radiation equipment is found to conform to the criteria for inspection under paragraph (2) as a result of the inspection under paragraph (1), this shall be deemed to have been passed.

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Article 95 (Exemption from Inspections of Radiation Equipment)

Pursuant to the proviso to Article 61 (1) of the Act, inspection of radiation equipment shall be exempted in either of the following cases:

1.	Where radiation equipment which has passed an inspection pursuant to Article 94 is repeatedly manufactured according to a certificate of approval for design referred to in Article 93 (3);

2.	Where radiation equipment imported from a country the Commission designates has passed a manufacturing inspection or a quality guarantee inspection conducted by a regulatory institution of the manufacturing country or by an institution designated by the relevant regulatory institution.

CHAPTER VI DISPOSAL, TRANSPORTATION, ETC.

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Article 96 (Applications for Permits for Construction and Operation of Disposal Facilities, etc.)

A person who intends to obtain a permit to construct and operate facilities for the storage, treatment and disposal of radioactive waste and their accessary facilities under the former part of the main sentence of Article 63 (1) of the Act (hereinafter referred to as "disposal facilities, etc.") shall prepare and submit a written application for the permit for each disposal facility, etc. to the Commission as prescribed by the regulations of the Commission.

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Article 97 (Annexed Facilities)

Annexed facilities under the former part of the main sentence of Article 63 (1) of the Act shall be facilities related to radiation safety and used for accepting and inspecting radioactive waste.

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Article 98 (Applications for Revision Permits)

When a person who has obtained a permit for the construction and operation of disposal facilities, etc. pursuant to the former part of the main sentence of Article 63 (1) of the Act (hereinafter referred to as "constructor and operator of disposal facilities, etc.") intends to obtain a permit to revise any permitted matter pursuant to the latter part of the main sentence of the same paragraph, he/she shall submit a written application for the permit to revise such permitted matter to the Commission as prescribed by the regulations of the Commission.

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Article 99 (Criteria for Granting Permits)

"Apparatuses and manpower prescribed by Presidential Decree" in subparagraph 4 of Article 64 of the Act means the following apparatuses and manpower:

1.	Apparatuses:

(a)	Not less than three radiation-dosimeters;

(b)	Not less than three radiation detectors;

(c)	Not less than one apparatus used for handling and transporting radioactive waste;

2.	Manpower: Not less than one holder of a license for supervising the handling of radiation referred to in Article 84 (2) 7 of the Act or not less than one technician holding qualifications for controlling radiation.

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Article 100 (Notice of Examination Plan)

Upon receipt of a written application for a permit referred to in Article 96, the Commission shall notify the applicant for the permit of whether the application documents are appropriate and of an examination plan within 45 days from the date on which the written application is submitted.

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Article 101 (Pre-Service Inspections)

(1)	Each constructor and operator of disposal facilities, etc. shall undergo an inspection on the construction and performance of disposal facilities, etc. by the Commission pursuant to Article 65 (1) of the Act.

(2)	When disposal facilities, etc. conform to the following criteria as a result of an inspection under paragraph (1), they shall be deemed to have passed the inspection:

1.	Where the construction work has been progressed according to the details of a permit granted under Article 63 of the Act;

2.	The structure, equipment and performance of the disposal facilities, etc. conform with the technical criteria prescribed by the regulations of the Commission.

(3)	A person who intends to undergo an inspection pursuant to paragraph (1) shall submit a written application for the inspection to the Commission as prescribed by the regulations of the Commission.

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Article 102 (Timing for Pre-Service Inspections)

In conducting a pre-service inspection pursuant to Article 101 (1), the timing for such inspection for each object to be inspected shall be as follows:

1.	When the work has commenced for civil works or the structure of construction, and when it is possible to confirm the strength by process or to conduct leakage-related testing;

2.	With respect to material and components requiring radiation shielding, airtightness, watertightness or anti-corrosion, when it is possible to conduct airtightness testing, watertightness testing, strength testing, chemical testing or non-destructive inspections;

3.	With respect to radiation control equipment, ventilation equipment, waste disposal equipment or measurement and control equipment, when it is possible to conduct the performance test;

4.	When the entire construction works included in the construction work plan are completed.

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Article 103 (Regular Inspections)

(1)

Each constructor and operator of disposal facilities, etc. shall undergo a regular inspection by the Commission with regard to the establishment and operation of the disposal facilities, etc., and the storage, treatment and disposal of radioactive waste pursuant to Article 65 (1) of the Act as prescribed by the regulations of the Commission.

(2)	A person who intends to undergo a regular inspection as referred to in paragraph (1) shall submit a written application therefor to the Commission along with documents as prescribed by the regulations of the Commission.

(3)	When disposal facilities, etc. meet the following criteria as a result of an inspection under paragraph (1), they shall be deemed to have passed the inspection:

1.	Where the structure, equipment and performance conform with the technical criteria under subparagraph 2 of Article 64 of the Act and Article 68 (1) 1 of the Act;

2.	Where the storage, treatment and disposal of radioactive waste conform with the technical criteria under Article 68 (1) 2 of the Act.

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Article 104 (Inspections of Disposal)

(1)	Pursuant to Article 65 of the Act, when any constructor and operator of disposal facilities, etc. intends to dispose of radioactive waste, he/she shall undergo an inspection of disposal as prescribed by the regulations of the Commission.

(2)	A person who intends to undergo an inspection of disposal pursuant to paragraph (1) shall submit a written application to the Commission along with documents as prescribed by the regulations of the Commission.

(3)	When the disposal of radioactive waste conforms to the technical criteria under Article 68 (1) 2 of the Act as a result of an inspection under paragraph (1), it shall be deemed to have passed the inspection.

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Article 105 (Period for Commencing Business)

"Period prescribed by Presidential Decree" in Article 66 (1) 2 of the Act means the period of two years from the date on which the relevant permit is obtained.

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Article 106 (Provisions to be Applied Mutatis Mutandis)

The provisions of Articles 25, 26 and 31 shall apply mutatis mutandis to constructors and operators of disposal facilities, etc. In such cases, "electricity-generating reactor installer" shall be construed as "constructor and operator of disposal facilities, etc."

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

(1)

Pursuant to Article 70 (3) of the Act, any nuclear energy-related business operator under Article 71 of the Act (hereinafter referred to as "nuclear energy-related business operator") may dispose of either of the following radioactive waste, the concentration for each nuclear species of which does not exceed the values the Commission determines by means of incineration, reclamation, recycling, etc. (hereinafter referred to as "self-disposal"):

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

2.	Radioactive waste under management of which disposal is entrusted by nuclear energy-related business operators (excluding constructors and operators of disposal 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 to the Commission along with relevant documents as prescribed by the regulations of the Commission. The same shall also apply to any revision thereof.

(3)	Any radioactive waste for which a self-disposal plan has been submitted pursuant to paragraph (2) may be self-disposed of after the lapse of two months from the date on which such plan is submitted.

(4)	Each person who has conduced self-disposal pursuant to paragraphs (1) through (3) shall keep records pertaining to the self-disposal of radioactive waste for five years from the date the radioactive waste is self-disposed of.

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Article 108 (Reporting on Transport)

(1)

A nuclear energy-related business operator who intends to report the transport of radioactive material, etc. pursuant to Article 71 (1) of the Act shall submit, for each transport, a report thereon to the Commission along with documents prescribed by the regulations of the Commission: Provided, That a person who has obtained a permit for the production, sale, use or mobile use of radioisotopes, etc. pursuant to the main sentence of Article 53 (1) of the Act may submit the report for a period as prescribed by the regulations of the Commission.

(2)

Upon receipt of a report pursuant to paragraph (1), where the Commission recognizes that details of the reported matters are imperfect or the transport of radioactive material is likely to jeopardize the safety of human bodies, objects and the public, he/she may order the reporter to take corrective or supplementary measures.

(3)	When a person who has made a report pursuant to paragraph (1) intends to revise any reported matter, he/she shall submit a report for the revision thereof to the Commission in advance.

(4)	A report under paragraph (1) shall be filed five days prior to the date on which the transport is scheduled to commence.

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Article 109 (Report on Transport by Foreign Ships, etc.)

(1)

A person who intends to cause any ship or airplane laden with radioactive material, etc. to enter into any port or airport of the Republic of Korea or to sail through territorial waters of the Republic of Korea pursuant to Article 71 (2) of the Act shall report thereon to the Commission along with documents prescribed by the regulations of the Commission seven days prior to the date on which he/she intends to do so.

(2)

When details of the report submitted are found imperfect or the transport of radioactive material, etc. on which the report is submitted pursuant to paragraph (1) is likely to jeopardize the safety of human bodies, objects and the public, the Commission may have such report corrected or supplemented.

(3)	When a person who has reported pursuant to paragraph (1) intends to revise reported matters, he/she shall report the revision of such matters to the Commission in advance.

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Article 110 (Measures, etc. at Times of Accidents)

(1)	"When there occurs a leakage of radioactive material, etc., a fire or any other accident" in Article 74 (2) of the Act means any of the following:

1.	When environmental contamination is feared or the safety of radiation workers is threatened due to the leakage, deviation, etc. of radioactive material, etc.;

2.	When the leakage of radioactive material, etc. is feared due to fire involving vehicles or radioactive material, etc.;

3.	When radiation workers and persons with frequent access are exposed to radiation above the dose limits;

4.	When packing material imported from abroad are not in conformity with the criteria for transport as provided for in the Act and this Decree;

5.	When radioactive material, etc. is stolen or lost;

6.	When urgent evacuation of residents nearby is necessary due to leakage of radioactive material, etc.

(2)	The provisions of Article 136 shall apply mutatis mutandis to safety measures to be taken by a nuclear energy-related business operator or a person entrusted with the transport of radioactive material, etc. when an accident referred to in paragraph (1) occurs.

(3)	When an accident referred to in paragraph (1) 5 or 6 occurs, a nuclear energy-related business operator or a person entrusted with the transport of radioactive material, etc. shall immediately report thereon to the police office having jurisdiction over the area.

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Article 111 (Inspection of Packaging and Transport)

(1)

A nuclear energy-related business operator, and a person who is entrusted with the packaging or transport of radioactive material, etc. thereby and is prescribed by the regulations of the Commission shall undergo a regular inspection under Article 75 (1) of the Act as prescribed by the regulations of the Commission.

(2)

A nuclear energy-related business operator and a person who is entrusted with the packaging or transport of radioactive material, etc. thereby shall have the packaging or transport of radioactive material, etc. as prescribed by the regulations of the Commission inspected pursuant to Article 75 (1) of the Act whenever packing or transporting such radioactive material, etc.

(3)	The Commission shall determine and publicly announce necessary matters concerning methods, procedures, etc. of an inspection of packaging or transport under paragraph (1) or (2).

(4)

A person who intends to undergo an inspection of packaging or transport under paragraph (1) or (2) shall submit a written application for the inspection to the Commission as prescribed by the regulations of the Commission: Provided, That the same shall not apply where the Commission has formulated a regular inspection plan for the relevant year and notified the relevant business operator thereof.

(5)

When a nuclear energy-related business operator satisfying all the following requirements conducts a self-inspection for the objects of an inspection prescribed by the regulations of the Commission, as prescribed by the regulations of the Commission, and passes a documentary examination of the Commission on the results of such self-inspection, a regular inspection under paragraph (1) shall be substituted by such self-inspection: Provided, That the same shall not apply to the first regular inspection:

1.	A nuclear energy-related business operator producing and selling radioisotopes in quantities below the standard quantities prescribed by the regulations of the Commission;

2.	A nuclear energy-related business operator who was not subject to an order for correction or supplementation following the immediately preceding regular inspection;

3.	A nuclear energy-related business operator who has not deleted 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;

A nuclear energy-related business operator without the occurrence of robbery, losses, fires and other accidents involving radioactive ray apparatuses or radioactive material, 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 under Article 71 of the Act and the technical criteria under Article 72 of the Act as a result of a documentary examination on the results of the inspection under paragraphs (1) and (2) or on the results of a self-inspection under paragraph (5), they shall be deemed to have been passed.

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

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Article 112 (Approval for Designs of Transport Containers)

(1)

A nuclear energy-related business operator who intends to manufacture or import containers for packaging and transporting radioactive material, etc. under the former part of the main sentence of Article 76 (1) of the Act (hereinafter referred to as "transport containers") shall obtain approval on the design of the transport containers for each type (hereafter referred to as "design approval" in this Chapter) as prescribed by the regulations of the Commission: Provided, That the same shall not apply where a person intends to repeatedly manufacture transport containers whose design has already been approved.

(2)	"Criteria for design prescribed by Presidential Decree" in the former part of the main sentence of Article 76 (1) of the Act means the following criteria:

1.	The radiation source or contaminated material shall not be easily leaked due to any breakage and abrasion, etc. of the transport containers or any radiation injury shall not be likely to occur;

2.	The design, material and structure of the transport containers shall conform with the criteria determined and publicly announced by the Commission.

(3)	When the design of transport containers conforms with the criteria referred to in paragraph (2), the Commission shall issue a written approval for design to the applicant for such approval as prescribed by the regulations of the Commission.

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Article 113 (Inspection of Transport Containers)

(1)	Pursuant to the main sentence of Article 77 (1) of the Act, when manufacturing transport containers with the design approval or importing transport containers manufactured abroad, a nuclear energy-related business operator shall undergo an inspection of manufacturing.

(2)	A nuclear energy-related business operator who intends to continue to use transport containers shall regularly undergo an in-service inspection pursuant to the main sentence of Article 77 (1) of the Act (hereinafter referred to as "in-service inspection").

(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 the regulations of the Commission, an in-service inspection under paragraph (2) shall be substituted by the submission of such self-inspection report.

(4)	Matters necessary for the criteria for inspections of manufacturing and in-service inspections under paragraphs (1) and (2), and the criteria for documentary examination on self-inspection reports under paragraph (3) shall be prescribed by the regulations of the Commission.

(5)

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

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Article 114 (Exemption from Inspection of Transport Containers)

(1)	Inspection of manufacturing or in-service inspection shall be exempted pursuant to the proviso to Article 77 (1) of the Act in either of the following cases:

Where documents showing a design approval as prescribed by the regulations of the Commission and the passing of inspection of manufacturing for foreign-made transport containers have been furnished to the Commission for examination and foreign-made transport containers are deemed to have passed those inspections as a result of the examination by the Commission;

Where documents showing the passing of an in-service inspection for foreign-made transport containers, which have already undergone the in-service inspection abroad, have been furnished to the Commission for examination as prescribed by Committee regulations and the foreign-made transport containers are deemed to have passed the in-service inspection as a result of the examination by the Commission.

(2)	Matters necessary for exempting an inspection of manufacturing or an in-service inspection under paragraph (1) shall be prescribed by the regulations of the Commission.

CHAPTER VII READING, ETC. OF RADIATION DOSE

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Article 115 (Inspections of Radiation Dose Reading)

(1)

Pursuant to Article 80 (1) of the Act, any person who has registered business concerning dosimetric services pursuant to Article 78 (1) of the Act (hereinafter referred to as "dosimetric service provider") shall have the establishment, operation and reading performance of radiation dose reading facilities inspected by the Commission as prescribed by the regulations of the Commission.

(2)	Inspections under paragraph (1) shall be classified into inspections conducted before the commencement of dosimetric services and inspections conducted regularly each year.

(3)

A person who intends to undergo an inspection as referred to in paragraph (1) shall submit a written application for the inspection to the Commission along with documents prescribed by the regulations of the Commission: Provided, That in cases where the Commission has formulated an inspection plan for the year in which an inspection conducted each year regularly is conducted and notified the dosimetric service provider thereof, a written application for inspection may not be submitted.

(4)	The Commission shall determine and publicly announce matters necessary for criteria, methods, procedures, etc. of inspections under paragraph (1).

(5)	When the establishment, operation and reading performance of radiation dose reading facilities are found to conform to the criteria under paragraph (4) as a result of the inspection under paragraph (1), such facilities shall be deemed to have passed the inspection.

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Article 116 (Period for Commencing Business)

"Period prescribed by Presidential Decree" in Article 81 (1) 2 of the Act means the period of one year from the date the relevant registration is made.

CHAPTER VIII LICENSES AND EXAMINATIONS

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Article 117 (Effect of Licenses)

Of the persons who have acquired licenses referred to in the subparagraphs of Article 84 (2) of the Act, persons who have acquired licenses referred to in subparagraphs 1 and 2 of the same paragraph, persons who have acquired licenses referred to in subparagraphs 3 and 4 of the same paragraph, and persons who have acquired licenses in subparagraphs 5 through 7 of the same paragraph and professional radiation control engineers may engage in operating reactors, in the duty to handle nuclear fuel material, and in the duty to handle radioisotopes, etc., respectively.

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Article 118 (Qualifications for Taking Examination)

(1)	Qualifications for taking examination for license as referred to in Article 84 (2) of the Act shall be divided into qualifications based on academic career and work experience (including education and training).

(2)	Academic career and work experience as referred to in paragraph (1) are as shown in attached Table 5.

(3)	The Commission shall determine and publicly announce the details and calculation methods of work experience as referred to in paragraphs (1) and (2).

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Article 119 (Method of Examination)

(1)

An examination of license under Article 84 (2) 1 and 2 of the Act shall be implemented as referred to in Article 87 (1) and (4) of the Act according to the type of nuclear reactor and the classification of its capacity as prescribed by the Commission, and divided into written examination and practical examination, on condition that no person may apply for the practical examination unless he/she has passed written examination or is exempted from written examination.

(2)	An examination of license under Article 84 (2) 3 through 7 of the Act shall be conducted by written examination.

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Article 120 (Examination Subjects)

Subjects of license examination under Article 84 (2) of the Act are as shown in attached Table 6.

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Article 121 (Exemption from Examinations, etc.)

(1)	Pursuant to Article 87 (2) of the Act, any person falling under any of the following subparagraphs shall be exempted from a written examination in the license examination under Article 84 (2) 1 and 2 of the Act:

An acquirer of a license referred to in Article 84 (2) 1 of the Act who applies for the examination concerning the license for the supervisor of nuclear reactor operation for a nuclear reactor of the same type but of different capacity or different supplier of nuclear steam supply system (hereinafter referred to as "supplier");

2.	An acquirer of a license referred to in Article 84 (2) 2 of the Act who applies for the examination concerning the license for the operator of nuclear reactor of the same type but of different capacity or supplier;

A person who has passed the written examination but failed in the practical examination with respect to the license examination referred to in Article 84 (2) 1 and 2 of the Act, and applies for the examination concerning the license for the supervisor of nuclear reactor operation of the same type, capacity and supplier or the operator of nuclear reactor (limited to the same license examination to be conducted next time).

(2)

When a person who has acquired a doctor's or dentist's license and a license referred to in Article 84 (2) 7 of the Act applies for the examination concerning the license referred to in subparagraph 6 of the same paragraph, he/she shall be exempted from the subjects referred to in items (a), (b) and (d) among the subjects of examination for the special license for the handling of radioisotopes as shown in attached Table 6.

(3)

Where an applicant has obtained a license abroad equivalent to or higher than a license as prescribed in this Decree and which is recognized by the Commission pursuant to Article 87 (2) of the Act, he/she shall be exempted from the subjects of examination except for the Acts and subordinate statutes related to nuclear energy among the subjects of the examination as shown in attached Table 6.

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Article 122 (Implementation of Examination)

(1)	The Commission shall implement the license examination not less than once a year except for compelling reasons.

(2)	When the license examination is implemented pursuant to paragraph (1), the date, time and place of implementing such examination shall be published 90 days before such examination is implemented.

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Article 123 (Criteria for Passing)

(1)	Criteria for passing the written examination shall be 40 marks or more obtained for each subject and average 60 marks or more for the entire subjects based on the full marks of 100 per each subject.

(2)	Criteria for passing the practical examination shall be 60 marks or more based on the full marks of 100.

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Article 124 (Applications for License Examination)

A person who intends to apply for the license examination pursuant to Article 87 (1) of the Act shall submit a written application for the examination in which the following matters are included to the Commission along with documents prescribed by the regulations of the Commission:

1.	Name, resident registration number and address;

2.	Type of license to apply for;

3.	Matters concerning qualifications for application;

4.	Matters concerning exemption from examinations.

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Article 125 (Notice of Successful Applicants, etc.)

Pursuant to Article 87 (4) of the Act, the Commission shall publish a list of successful applicants in the bulletin board of the institution which has conducted the examination and notify a successful applicant individually to the effect that he/she has passed the examination.

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Article 126 (Re-Issuance of Licensing Certificates)

When a person who intends to have a new certificate of license issued among those who have certificates of license issued pursuant to Article 88 (1) of the Act but have damaged or lost the certificate of license, or who intends to have a new certificate of license issued due to any change in entries shall submit an application for re-issuance in which the following matters are included to the Commission:

1.	Name and address;

2.	Date of issuance of the certificate of license and its number;

3.	Reasons for requesting the re-issuance.

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Article 127 (Examination Committee Members)

(1)

The Commission shall appoint or commission examination committee members each time of the examination, so that they may take charge of preparing and editing examination questions, giving marks to answers, conducting and evaluating the practical examination: Provided, That where the examination is based on a pool system, it shall appoint or commission evaluation committee members for the selection of examination questions and evaluation of the degree of difficulty of examination questions.

(2)

Members of the examination committee as referred to in paragraph (1) shall be two persons or more for each subject of the written examination and two persons or more for the practical examination who shall be selected from among persons with considerable knowledge and experience in the relevant subjects.

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Article 128 (Allowances)

Allowances shall be paid to examination committee members and evaluation committee members as referred to in Article 127 (1) within budgetary limits.

CHAPTER IX REGULATIONS, SUPERVISION, ETC.

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Article 129 (Scope of Establishment of Restricted Areas, etc.)

(1)

The Commission shall establish the scope of a restricted area under Article 89 (3) of the Act in consideration of the topographical and other natural conditions of the land and after consulting with the head of the relevant agency: Provided, That no restricted area may be established with respect to reactor facilities for research, etc. with thermal output of not more than ten megawatt.

(2)

The sites referred to in Article 89 (5) of the Act shall be secured by the method of acquisition of ownership or creation of superficies rights: Provided, That with respect to State or public roads, railroads, ditches, rivers, seas, forests and parks, the sites thereof shall be deemed secured in cases where a person intending to install and operate reactors and relevant facilities, nuclear fuel cycle facilities or disposal facilities, etc. may exercise the control over access and traffic to ordinary people and where the Commission recognizes that there are no hazards to safety in the operation of the relevant facilities.

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Article 130 (Scope of Restricting Installation of Hazardous Facilities and Facilities Subject to Restrictions)

(1)

"Scope prescribed by Presidential Decree" in Article 90 (1) of the Act means the scope of up to eight kilometer radius from the center of reactors and relevant facilities, nuclear fuel cycle facilities or disposal facilities, etc: Provided, That in cases of facilities referred to in paragraph (2) 1, it means the scope of up to 16 kilometer radius.

(2)

When the head of a relevant administrative agency intends to grant a permit, authorization or approval for the installation of relevant facilities pursuant to Article 90 (2) of the Act, facilities subject to consultations with the Commission shall be as follows: <Amended by Presidential Decree No. 23529, Jan, 25, 2012>

1.	Airports under subparagraph 7 of Article 2 of the Aviation Act;

2.	Artillery firing ranges and missile bases (limited to those established as business under subparagraph 2 (a) of Article 2 of the Act on National Defense and Military Installations Projects) among military facilities provided for in the Protection of Military Bases and Installations Act;

3.	Dams and estuary dykes among facilities attached to rivers under subparagraph 3 of Article 2 of the River Act;

Other facilities which are recognized to be likely to pose serious risks to the safety of reactors and relevant facilities, nuclear fuel cycle facilities or disposal facilities, etc. by means of explosion, vibration, discharge of toxic material, etc. and are publicly announced by the Commission after consultation with the heads of relevant administrative agencies.

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Article 131 (Measurement)

(1)

Pursuant to Article 91 (1) of the Act, each nuclear energy-related business operator (excluding reporting users; hereafter the same shall apply in this Article and Article 132) shall conduct the measurement of radiation dose and status of contamination by radioactive material, etc. with respect to places likely to be affected by radiation hazards as prescribed by the regulations of the Commission.

(2)

Pursuant to Article 91 (1) of the Act, each nuclear energy-related business operator shall conduct the measurement of personal dose and the status of contamination by radioactive material in respect of people who have access to nuclear energy utilization facilities as prescribed by the regulations of the Commission.

(3)	Each nuclear energy-related business operator shall make and keep records of the results of measurement under paragraphs (1) and (2) and take other measures as prescribed by the regulations of the Commission.

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Article 132 (Health Examination)

(1)	Pursuant to Article 91 of the Act, each nuclear energy-related business operator shall provide health examination to radiation workers in nuclear energy utilization facilities as prescribed by the regulations of the Commission.

(2)	Each nuclear energy-related business operator shall make and keep records of the results of health examinations under paragraph (1) and take other measures as prescribed by the regulations of the Commission.

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Article 133 (Exposure Control)

(1)

Pursuant to Article 91 (1) 3 and (2) of the Act, each nuclear energy-related business operator shall assess the radiation dose and control the exposure for radiation workers and other persons with frequent access in order to keep the personal radiation dose from exceeding the dose limits as prescribed by the regulations of the Commission.

(2)	"Persons with frequent access prescribed by Presidential Decree" in Article 91 (2) of the Act means persons with frequent access referred to in subparagraph 8 of Article 2 and "dose limits prescribed by Presidential Decree" means the dose limits referred to in subparagraph 4 of Article 2.

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Article 134 (Measures for Reduction of Radiation Exposure)

Pursuant to Article 91 (1) 4 of the Act, each nuclear energy-related business operator shall take the following measures as prescribed by the regulations of the Commission to minimize the personal dose to be suffered by radiation workers in nuclear energy utilization facilities, persons with frequent access and residents living in areas adjacent to such facilities under the state of normal operation of nuclear energy utilization facilities as well as the abnormal state (excluding any accidents) of the operation thereof:

1.	Measures for protection suitable for the characteristics of the handling work of radiation;

2.	Proper installation of radiation shield and other facilities;

3.	Use of material and equipment effective in the reduction of doses;

4.	Maintenance of sufficient work space.

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Article 135 (Measures for Victims to Radiation Injuries)

Measures to be taken by nuclear energy-related business operators pursuant to Article 91 (3) of the Act shall be as follows:

Where radiation workers and other persons with frequent access suffer radiation injury or are likely to suffer it, the relevant nuclear energy-related business operator shall immediately take necessary health measures for them, including having them diagnosed by doctors, and shall take measures necessary to reduce the access hours and declare off-limits to the radiation controlled area or transfer his/her employees to another work which is less likely to have them exposed to radiation according to the degree of the radiation injury;

2.	Where persons who have temporary access to radiation controlled areas suffer radiation injuries or are expected to suffer radiation injuries, the relevant nuclear energy-related business operator shall immediately take necessary health measures including having them diagnosed by doctors.

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

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

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

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, That in cases where it is impossible to restore the facilities to their normal state, measures to prevent the breakdown from spreading shall be taken;

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 the 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 material, etc. has occurred, the spreading of contamination shall be prevented and the contamination shall be eliminated;

(d)

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

(e)	In the case of conducting emergency radiation works, the radiation dose of employees engaged in the emergency work shall be prevented from exceeding the standard level of personal dose as 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/she shall report the following matters to the Commission as prescribed by the regulations of the Commission:

1.	Date, location and cause related to the occurrence of the situation as 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 plan for the 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 as referred to in paragraph (1) 3 (b), as determined and published by the Commission.

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Article 137 (Measures following Cancellation of Permits, etc. or Discontinuation of Business. etc.)

(1)	In the case of cancellation of a permit, etc. under Article 95 (1) of the Act, each nuclear energy-related business operator shall take the following measures:

1.	Radioactive material or radioactive ray apparatuses held by a nuclear energy-related business operator shall be transferred to another nuclear energy-related business operator;

2.	Contamination caused by radioactive material shall be removed;

3.	Material contaminated by radioactive material shall be transferred to constructors and operators of disposal facilities, etc.;

4.	Records prescribed by the regulations of the Commission shall be delivered to institutions designated by the Commission.

(2)

Any nuclear energy-related business operator whose permit or designation has been cancelled or who has discontinued his/her business or use (including discontinuation due to his/her death or dissolution of his/her business) as referred to in Article 95 (1) of the Act shall submit a written report thereon to the Commission as prescribed by the regulations of the Commission.

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Article 138 (Persons Subject to Report and Submission of Documents)

"Persons prescribed by Presidential Decree" in Article 98 (1) of the Act means the following persons:

1.	A person handling material determined by the Commission among internationally controlled materials as referred to in subparagraph 17 of Article 2 of the Act;

2.	A person conducting research and development activities related to the development of the process or system related to nuclear fuel cycle as determined by the Commission.

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Article 139 (Qualifications of Inspectors)

Any public official who performs an inspection pursuant to Article 98 of the Act shall have substantial knowledge and experience in the structure, performance and security of nuclear energy utilization facilities, etc. and in the prevention of radiation injuries.

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Article 140 (Certificates of Collection)

When a public official who performs an inspection pursuant to Article 98 (2) of the Act collects test samples, he/she shall issue the certificate of collection to the nuclear energy-related business operator.

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Article 141 (Installation, etc. of Monitoring Devices)

Pursuant to Article 98 (6) of the Act, the Commission may install devices necessary to monitor any movement of internationally controlled material inside the relevant facilities of any nuclear energy reactor operator or request the latter to submit other necessary materials: Provided, That where the International Atomic Energy Agency has installed monitoring devices to monitor any movement of internationally controlled material, they may not be installed.

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Article 142 (Identification Cards of Inspectors)

Any public official who performs an inspection pursuant to Article 98 (7) of the Act shall produce an identification card indicating his/her authority to persons involved as prescribed by the regulations of the Commission.

CHAPTER X SUPPLEMENTARY PROVISIONS

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Article 143 (Submission of Draft Statement on Impact of Radiation on Environment, and Public Announcement, Public Inspection, etc.)

(1)

When a business operator intends to gather consensus from residents pursuant to Article 103 (1) and (3) of the Act, he/she shall submit a draft statement on the assessment of impact of radiation on the environment as referred to in Article 103 (2) of the Act (hereinafter referred to as "draft assessment statement") to the heads of the following administrative agencies:

1.	Chairperson of the Commission;

Governor of the Special Self-Governing Province, or the head of the Si, Gun or Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) having jurisdiction over the area (hereinafter referred to as "area subject to the collection of opinions") which is located within the boundary prescribed by the Commission: Provided, That where the area subject to the collection of opinions stretches over administrative areas of not less than two Special Self-Governing Provinces, Sis, Guns or Gus (referring to autonomous Gus), the Governor of the Special Self-Governing Province, or the head of the Si, Gun or Gu having jurisdiction over the larger area subject to the collection of opinions;

3.	Governors of the Special Self-Governing Provinces, or the heads of the Sis, Guns or Gus having jurisdiction over the areas subject to the collection of opinions, other than the Governor of the Special Self-Governing Province, or the head of the Si, Gun or Gu referred to in subparagraph 2;

4.	Heads of other administrative agencies who are involved with the performance of target projects.

(2)

The Governor of a Special Self-Governing Province or the head of a Si, Gun or Gu under paragraph (1) 2 (hereinafter referred to as "head of the competent Si/Gun/Gu") shall publish a summary of the project, period of a public inspection, and place of a public inspection in not less than one national daily newspaper and one local daily newspaper on one or more occasions, respectively, within ten days from the date of receipt of a draft statement of evaluation pursuant to paragraph (1) except for compelling reasons, and shall offer the draft statement of evaluation for the public inspection by inhabitants in the areas subject to the collection of opinions for not less than 20 days but not more than 60 days.

(3)

Where the head of the competent Si/Gun/Gu intends to make a public notice as referred to in paragraph (2), he/she shall seek opinions in advance from the Governors of Special Self-Governing Provinces and the heads of Sis/Guns/Gus under paragraph (1) 3 (hereinafter referred to as "heads of relevant Sis/Guns/Gus") and determine the details thereof, and shall ensure that the inspection place among matters to be publicly notified covers at least one place in the jurisdictional places of the heads of the relevant Sis/Guns/Gus.

(4)	The head of the competent Si/Gun/Gu shall, when making a public notice under paragraph (2), notify publicly the time and method of inhabitants' presenting opinions about whether a public hearing will be held.

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Article 144 (Submission of Opinions, etc. on Draft Assessment Statement)

(1)

The head of an administrative agency under Article 143 (1) 1, 3 and 4, to the head of the competent Si/Gun/Gu within 30 days from the date on which a draft assessment statement is received, and any resident, to the head of the competent Si/Gun/Gu or to the heads of relevant Sis/Guns/Gus within seven days from the date of expiry of public inspection, may notify or submit opinions on any forseeable radiation environmental impact due to the performance of the relevant project and its method of reduction (in cases of residents, including opinions as to whether to hold a public hearing). In such cases, the heads of the relevant Sis/Guns/Gus on receipt of opinions of residents shall notify the details thereof to the head of the competent Si/Gun/Gu within ten days after the expiry of public inspection.

(2)

The head of the competent Si/Gun/Gu shall notify the business operator of the opinions notified or submitted pursuant to paragraph (1) and whether to hold a pubic hearing within 14 days after the expiry of public inspection. In such cases, the head of the competent Si/Gun/Gu may notify the business operator together with his/her opinion on the draft assessment statement if he/she has any.

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Article 145 (Holding of Public Hearings, etc.)

(1)	Pursuant to the latter part of Article 103 (1) of the Act, in any of the following cases, a public hearing shall be held:

1.	Where there are no less than 30 residents who have presented opinions that a public hearing needs to be held pursuant to Article 144 (1);

2.	Where there are no less than five but less than 30 residents who 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 opinions to a draft assessment statement exceeds 50 percent.

(2)

Any business operator who meets any of the requirements listed in the subparagraphs of paragraph (1) and has received the notice of holding a public hearing from the head of the competent Si/Gun/Gu pursuant to Article 144 (2) shall notify publicly a summary of the project, the date and venue of public hearing, etc. in not less than one national daily newspaper and one local daily newspaper on one or more occasions, respectively, 14 days prior to the expected date of the public hearing. In such cases, he/she shall consult in advance with the head of the competent Si/Gun/Gu on the date, time, venue, etc. of the public hearing to be held.

(3)

Any resident intending to attend a public hearing and state his/her opinion shall submit a written application for statement to the business operator or to the head of the competent Si/Gun/Gu five days prior to the expected date of the public hearing. In such cases, the head of the competent Si/Gun/Gu in receipt of the application for statement shall immediately notify the business operator of such fact.

(4)

Each business operator shall, in consultation with the head of the competent Si/Gun/Gu, select a representative and have him/her make a statement en bloc at a public hearing about the similar matters among the details stated in the written application submitted pursuant to paragraph (3), or shall have any expert recommended by inhabitants state opinions.

(5)

When a public hearing publicly announced 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, each business operator may omit the public hearing. In such cases, each business operator shall publicly announce the reasons for omitting a public hearing, and matters concerning the time, methods, etc. of 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 methods.

(6)	Each business operator shall notify the head of the competent Si/Gun/Gu or the head of the relevant Si/Gun/Gu of the outcomes of holding a public hearing within seven days after the completion of a public hearing as prescribed by the regulations of the Commission.

(7)

Where it is necessary to collect the opinions of experts and residents on any radiation environmental impact due to the performance of the relevant project even in cases where he/she does not meet the requirements for holding a public hearing pursuant to the subparagraphs of paragraph (1), each business operator may hold a public hearing under the former part of Article 103 (1) of the Act after the expiry of the period of a public inspection under Article 143 (2) in consultation with the head of the competent Si/Gun/Gu. 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, on condition that the provisions of paragraphs (2) through (4) and (6) shall apply mutatis mutandis to the methods, procedures, etc. of holding it, respectively.

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Article 146 (Bearing of Expenses)

(1)	Pursuant to Article 103 (4) of the Act, each applicant shall bear the following expenses:

1.	Expenses for public notification in newspapers pursuant to Articles 143 (2) and 145 (2);

2.	Expenses required for holding public hearings, etc. to collect residents' opinions.

(2)	The head of the competent Si/Gun/Gu shall consult with business operators in advance on the details of expenses to be incurred pursuant to paragraph (1).

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Article 147 (Monitoring Nationwide Environmental Radioactivity)

The Commission shall perform the following duties in order to monitor and assess the nationwide environmental radiation and radioactivity pursuant to Article 105 (1) of the Act:

1.	Survey and assessment of nationwide environmental radioactivity;

2.	Survey and assessment of the maritime environmental radioactivity;

3.	Operation of a nationwide automatic monitoring network for environmental radiation.

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Article 148 (Education and Training for Radiation Workers)

(1)

Each nuclear energy-related business operator shall provide education and training as referred to in Article 106 (1) of the Act by classifying pre-work education and training and regular education and training for radiation workers, and provide pre-access education and training and regular education and training as prescribed by the regulations of the Commission for persons with access to radiation controlled areas.

(2)	Matters necessary for the methods, details, etc. of education and training under paragraph (1) shall be prescribed by the regulations of the Commission.

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Article 149 (Refresher Education)

(1)

Any person who has obtained a license to operate electricity-generating reactors or research reactors with not less than 10 megawatt thermal output among licenses referred to in Article 84 (2) 1 and 2 of the Act and other persons who are engaged in handling nuclear fuel material or radioisotopes, etc. after obtaining a license under the provisions of Article 84 (2) 3 through 7 of the Act shall receive refresher education every three years pursuant to Article 106 (2) of the Act as prescribed by the regulations of the Commission.

(2)

The refresher education for persons holding licenses under Article 84 (2) 1 and 2 of the Act among education programs referred to in paragraph (1) shall be provided by the competent agency: Provided, That where the refresher education program is not available in the competent agency or the refresher education is provided for individuals, the refresher education may be provided by entrusting it to another agency in a relevant field designated by the Commission.

(3)

The head of the competent agency who provides the refresher education as referred to in paragraphs (1) and (2) shall formulate a plan to provide the refresher education for persons engaged in the operation of nuclear reactors or in the handling of nuclear fuel material or radioisotopes, etc. under paragraph (1) for the year concerned to submit it to the Commission by the end of January each year.

(4)

Each nuclear energy-related business operator shall provide any assistance and conveniences to his/her employees who have obtained a license as referred to in Article 84 (2) of the Act and need to receive the refresher education as referred to in Article 84 (1) of the Act among his/her employees and shall not lower their wages or take measures unfavorable to them for this reason.

(5)	The Commission or the head of the competent agency for the refresher education shall verify in the license pocketbook for any person who has completed the refresher education program as referred to in paragraph (1) to the effect that he/she has duly completed the refresher education.

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Article 150 (Persons Subject to Education on Nuclear Nonproliferation and Control)

"Person prescribed by Presidential Decree" in Article 106 (3) of the Act means any of the following persons:

1.	A person employed by a nuclear energy-related business operator which falls under any of the following items and engages in the business of metrical control of specific nuclear material:

(a)	An electricity-generating reactor installer;

(b)	An electricity-generating reactor business operator;

(c)	An installer of research reactors, etc.;

(d)	A nuclear fuel cycle business operator;

(e)	A nuclear fuel material user;

2.	A person in charge of research and development tasks concerned with the development of the process or the system related to nuclear fuel cycle as determined by the Commission.

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Article 151 (Export and Import Procedures)

(1)

A person who intends to export or import reactors and relevant facilities, nuclear material, radioisotopes, etc. shall, when intending to export and import internationally controlled material or technologies related thereto, observe procedures and obligations provided for in international conventions, agreements, treaties, protocols, etc. that are concerned with nuclear energy pursuant to Article 107 of the Act.

(2)	The Commission may determine matters necessary to implement the procedures and obligations referred to in paragraph (1) separately in consultation with the Minister of Knowledge Economy.

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Article 152 (Compensation)

Pursuant to Article 110 of the Act, compensation classified as follows shall be paid to persons who have suffered personal injury or property damage caused by the radiation during utilization of nuclear energy or safety control:

1.	Compensation for the damage to a nuclear energy-related business operator and his/her workers caused in the course of duty shall be based upon the compensation standards established by each nuclear energy-related business operator and approved by the Commission;

2.	Compensation for the damage public officials have sustained in the course of duty related to nuclear energy shall be based upon the Public Officials Pension Act;

3.	Conditions prescribed by the Nuclear Damage Compensation Act shall apply to persons other than those referred to in subparagraphs 1 and 2.

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Article 153 (Classification, etc. of Entrusted Institutions)

(1)	The institutions to which the Commission may entrust its authority pursuant to Article 111 (1) of the Act shall be as follows:

1.	The Korea Institute of Nuclear Safety established in accordance with the Korea Institute of Nuclear Safety Act (hereinafter referred to as the "Korea Institute of Nuclear Safety");

2.	The Korea Atomic Energy Research Institute established in accordance with the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes (hereinafter referred to as the "Korea Atomic Energy Research Institute");

3.	The Korea Institute of Nuclear Nonproliferation and Control established pursuant to Article 6 of the Act (hereinafter referred to as the "Korea Institute of Nuclear Nonproliferation and Control");

4.	Deleted; <by Presidential Decree No. 24245, Dec. 20, 2012>

5.	Institutions the Commission designates, which fall under any of the following items:

(a)	Administrative agencies;

(b)	National and public research institutions;

(c)	Specific Research Institutes referred to in Article 2 of the Support of Specific Research Institutes Act;

(d)	The Korea Association for Non-Destructive Testing established pursuant to Article 18 of the Act on the Promotion and Management of Non-Destructive Testing Technology;

(e)	Associations established pursuant to Article 14 of the Radiation and Radioisotope Use Promotion Act;

(f)	Relevant specialized institutions among non-profit corporations established pursuant to Article 32 of the Civil Act;

6.	Other specialized institutions the Commission designates to conduct planning, management and assessment of research and development projects.

(2)	The provisions of Articles 159 through 163, 165 and 166 shall not apply to administrative agencies the Commission designates pursuant to paragraph (1) 5 (a).

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Article 154 (Duties Which May be Entrusted)

(1)	"Duties prescribed by Presidential Decree" in Article 111 (1) 15 of the Act means the following duties:

1.	Survey and analysis of technical trends concerning the formulation of research and development project plans for nuclear safety as referred to in Article 9 (1) of the Act, and estimation of demand of technology;

2.	Matters concerning the receipt and examination of research and development tasks with regard to the selection of annual research and development tasks under Article 9 (1) of the Act, and evaluation thereof;

3.	Matters concerning the conclusion of agreements on research and development tasks with regard to the implementation of research and development projects for nuclear safety as referred to in Article 9 (1) of the Act, and the management of progress, evaluation of results and post-management thereof;

4.	Matters concerning the operation of expenses incurred in the implementation of research and development projects for nuclear safety as referred to in Article 9 (2) of the Act;

5.	Safety management concerning the disposal of radioactive waste other than those referred to 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 as referred to in Article 74 of the Act;

7.	Duties of examination of safety concerning the installation of hazardous facilities as referred to in Article 90 of the Act;

8.	Duties of reporting the progress of the transport of radioactive material, etc. by any nuclear energy-related business operator (excluding any reporting user) or by any other person entrusted with the transport of radioactive material, etc. by him/her as referred to in Article 98 (1) of the Act;

9.	Duties of inspecting and collecting samples for testing as referred to in Article 98 (2) and (4) of the Act;

10.	Installation of devices to monitor any movement of internationally controlled material as referred to in Article 98 (6) of the Act;

11.	Duties concerning export and import as referred to in Article 107 of the Act;

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

(2)	Duties which may be entrusted to the Korea Institute of Nuclear Safety pursuant to Article 153 (1) 1 are as shown in attached Table 7.

(3)	Duties which may be entrusted to the Korea Atomic Energy Research Institute pursuant to Article 153 (1) 2 are as shown in attached Table 8.

(4)	Duties which may be entrusted to the Korea Institute of Nuclear Nonproliferation and Control pursuant to Article 153 (1) 3 are as shown in attached Table 9.

(5)	Deleted. <by Presidential Decree No. 24245, Dec. 20, 2012>

(6)

The duties which may be entrusted to administrative agencies, national and public research institutions, specific research institutions, the Korea Association for Non-Destructive Testing, associations or other relevant specialized institutions which are designated by the Commission pursuant to Article 153 (1) 5 and 6 are as shown in attached Table 10.

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Article 156 (Approval, etc. of Regulations on Handling Entrusted Duties)

(1)

Any institution entrusted with authority pursuant to Article 111 (1) of the Act (hereinafter referred to as "entrusted institution") shall establish regulations on the handling of entrusted duties including the following matters, and obtain approval from the Commission therefor. The same shall also apply to any alteration thereof:

1.	Kind of entrusted duties to be handled;

2.	Time to perform entrusted duties and holidays;

3.	Matters concerning places in which entrusted duties are handled;

4.	Matters concerning the appointment, dismissal and assignment of persons performing entrusted duties;

5.	Matters concerning the methods of handling entrusted duties;

6.	Matters concerning the indication and methods of indication of results of performing entrusted duties;

7.	The amount and the method of collection in the case of collecting expenditure disbursed for the entrusted duties;

8.	Matters concerning the preservation of records in connection with the entrusted duties;

9.	Other matters necessary for handling entrusted duties.

(2)	Where it is intended to alter regulations on the handling of entrusted duties pursuant to the latter part of paragraph (1), a written application for the alteration including a statement of the following matters shall be submitted to the Commission:

1.	Matters to be altered;

2.	Expected date of alteration;

3.	Grounds for alteration.

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Article 156 (Criteria for Calculation, Methods of Collection, etc. of Expenses)

(1)

The head of an entrusted institution shall determine criteria for the calculation of expenses to be borne by nuclear energy-related business operators, etc. under Article 111 (6) of the Act in consideration of the amount of money paid according to the following classification. In such cases, when necessary in consideration of the characteristics of nuclear energy utilization facilities, the head of the entrusted institution shall seek opinions from nuclear energy-related business operators, etc.:

1.	Direct labor costs: An amount obtained by multiplying the standard labor cost the Commission determines by the number of persons directly involved in the relevant duty;

2.	Direct costs: Costs directly incurred in performing the relevant duty which meet the criteria determined by the Commission;

3.	Various kinds of costs: Costs incurred in performing the relevant duty, other than direct costs, which are calculated by a method the Commission determines.

(2)	When the head of an entrusted institution has determined the criteria for calculation under paragraph (1), he/she shall obtain approval from the Commission therefor pursuant to Article 111 (3) of the Act.

(3)	When the Commission has approved the criteria for calculation pursuant to paragraph (2), it shall publicly announce such criteria for calculation.

(4)	When intending to collect costs from nuclear energy-related business operators, etc., the head of an entrusted institution shall notify them of the details of calculation, deadline for payment and place of payment together with the amount thereof.

(5)

When there occurs an erroneous payment with respect to costs paid by a nuclear energy-related business operator, etc. due to the alteration, cancellation, etc. of the relevant business, the head of an entrusted institution shall collect additional money or make a refund after calculating the exact costs as prescribed by the regulations of the Commission.

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Article 157 (Designation, etc. of Entrusted Institutions)

(1)	The authority entrusted by the Commission to entrusted institutions under Article 153 (1) 5 and 6 shall take effect on the date it is publicly notified in the Official Gazette pursuant to Article 170. <Amended by Presidential Decree No. 24245, Dec. 20, 2012>

(2)	A person who intends to be designated as an entrusted institution pursuant to Article 153 (1) 5 and 6 shall submit a written application including a statement of the following matters to the Commission along with documents prescribed by the regulations of the Commission:

1.	Title, address and name of the representative;

2.	Title and location of the office where entrusted duties are to be performed;

3.	Title of duties to be entrusted;

4.	Expected date of the commencement of entrusted duties;

5.	Year of commencement of the project in connection with the entrusted duties, and the business plan and budget of revenues and disbursements for the following year;

6.	Name and brief personal records of executive officers (limited to cases where a person intending to obtain designation is not an administrative agency);

7.	List of names of persons performing entrusted duties (names, brief personal records, and licenses or qualifications shall be clearly stated);

8.	Kinds and quantities of machines, tools and other equipment used for the performance of entrusted duties;

9.	In cases where duties other than the entrusted duties are performed, the kinds and outline of such duties.

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Article 158 (Criteria for Designation of Entrusted Institutions)

Any person applying for designation pursuant to Article 157 (2) shall satisfy the following requirements:

1.	The composition of executives and major employees shall be made in a manner not to hinder a fair and accurate performance of entrusted duties and their operation;

2.	Persons performing entrusted duties shall satisfy the eligibility requirements the Commission determines and publicly notifies;

3.	The number of persons performing entrusted duties shall exceed the number necessary for performing such duties;

4.	The kinds and quantities of machines, tools and other equipment necessary for the performance of entrusted duties under request shall be available;

5.	Fundamental financial capability necessary for the precise and smooth performance of entrusted duties shall be secured;

6.	When duties other than entrusted duties are performed, entrusted duties shall be unlikely to be performed in an unfair way due to the performance of such duties.

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Article 159 (Alteration of Titles, etc. of Entrusted Institutions)

(1)

When an institution designated pursuant to Article 153 (1) 5 and 6 (hereinafter referred to as "designated entrusted institution") intends to alter its title and address or the title and address of the office where entrusted duties are performed, approval shall be obtained by submitting to the Commission a written application including a statement of the following matters:

1.	Title and address of the designated entrusted institution or title and address of the office where entrusted duties are performed after the alteration;

2.	Date on which the alteration is to be made;

3.	Reasons for the alteration.

(2)	When a designated entrusted institution intends to establish a new office or close down an office to perform entrusted duties (including local branch offices), it shall submit a written application including a statement of the following matters to the Commission to obtain approval therefor:

1.	Title and address of the office to be newly established or closed down;

2.	Expected date of commencement or closure of the office to be newly established or to be closed down;

3.	Reasons for new establishment or closure of office.

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Article 160 (Restriction on Designation of Entrusted Institutions)

When any of the following persons exists among officers of institutions to which the Commission intends to entrust its authorities, the Commission shall not entrust its authority to such institution:

1.	An incompetent or quasi-incompetent;

2.	A bankrupt whose rights have yet to be reinstated;

A person who has been sentenced to imprisonment without prison labor or heavier punishment and for whom two years have not passed since the execution of such punishment was terminated or exempted, or who has been sentenced to suspended execution of punishment and is now under the period of such suspended execution;

4.	A person who was an executive of an entrusted institution as at the time the designation of the entrusted institution was cancelled in accordance with this Decree and for whom two years have not passed since such designation was cancelled;

5.	Any person who held a license as referred to in Article 84 (2) of the Act and for whom two years have not passed since such license was cancelled.

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Article 161 (Applications for Approval concerning Suspension or Discontinuation of Entrusted Duties)

When an entrusted institution intends to suspend or discontinue all or some of the entrusted duties as provided for in the regulations on the handling of entrusted duties to which approval has been granted pursuant to Article 155, it shall submit a written application including a statement of the following matters to the Commission to obtain approval therefor:

1.	Kinds and scope of entrusted duties to be suspended or discontinued;

2.	Expected date of suspension or discontinuation;

3.	In cases of suspension, the period thereof;

4.	Reasons for suspension or discontinuation.

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Article 162 (Reporting of Persons Performing Entrusted Duties)

(1)	When an entrusted institution has appointed persons performing the entrusted duties, it shall report thereon to the Commission within 30 days from the date of such appointment. The same shall also apply in the case of dismissal.

(2)	The names, brief personal records, and licenses or qualifications of the appointed persons performing entrusted duties, the kinds of duties to be performed and the departments, etc. of the office to which such persons are assigned shall be stated in the report as referred to in paragraph (1).

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Article 163 (Requests for Dismissal of Persons Performing Entrusted Duties)

When the Commission recognizes that persons performing entrusted duties have violated Acts and subordinate statutes or the regulations on the handling of entrusted duties, or it deems that persons performing entrusted duties are not suitable for such duties, the Commission may request the entrusted institution to dismiss such persons.

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Article 164 (Reporting)

When an entrusted institution has handled the entrusted duties, it shall report the results thereof to the Commission within 30 days from the date the entrusted duties were handled as prescribed by the regulations of the Commission.

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Article 165 (Obligations of Entrusted Institutions)

(1)	Each entrusted institution shall handle the entrusted duties fairly and promptly.

(2)	Each entrusted institution shall neither suspend nor discontinue all or some of the entrusted duties without obtaining approval from the Commission therefor.

(3)	Executives, persons performing entrusted duties, or employees of each entrusted institution shall neither divulge nor make a fraudulent use of any confidential information concerning the entrusted duties that they have obtained in the course of performing the entrusted duties.

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Article 166 (Approval, etc. for Business Plans)

(1)

Each designated entrusted institution shall prepare a business plan and a budget of revenues and disbursements for each business year and obtain approval from the Commission therefor prior to the commencement of the relevant business year (immediately after the designation for the business year in which date of the designation is included). The same shall also apply to any alteration thereof.

(2)	Each designated entrusted institution shall prepare a business report and the settlement of accounts of revenues and disbursements for the relevant business year and submit them to the Commission within three months after the end of each business year.

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Article 167 (Cancellation, etc. of Designation)

When a designated entrusted institution falls under any of the following subparagraphs, the Commission may cancel the designation or order the suspension of all or some of the entrusted duties by prescribing a period. In such cases, if necessary for the national economy and for the safety of nuclear energy, it is possible to entrust the performance of suspended duties to other institutions deemed to be capable of performing such duties for the period of suspension:

1.	Where an entrusted institution violates Articles 155, 165 and 166;

2.	Where it is deemed that the criteria for designation under Article 158 are not satisfied;;

3.	Where an entrusted institution violates the conditions of designation in Article 171;

4.	Other cases in which an entrusted institution is recognized to be unable to perform entrusted duties in a normal way.

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Article 168 (Orders for Supervision, etc.)

When the Commission deems it necessary for the supervision of entrusted institutions in connection with the management of the entrusted institutions and the handling of the entrusted duties, it may order public officials under its supervision to inspect the account books and vouchers, documents, facilities, etc. thereof.

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Article 169 (Transfer of Entrusted Duties)

When an entrusted institution obtains approval to discontinue entrusted duties pursuant to Article 161 or the designation of entrusted institution is cancelled pursuant to Article 167, records concerning the entrusted duties and other matters deemed necessary by the Commission shall be transferred to the Commission or to a person designated by the Commission.

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Article 170 (Public Notice, etc.)

The Commission shall publicly notify matters concerning entrusted institutions in the Official Gazette as prescribed by the following subparagraphs:

1.	At the time of designating an entrusted institution pursuant to Article 153 (1) 5 and 6:

(a)	Title and address of the entrusted institution or title and address of the office thereof;

(b)	Year, month and date of designation and entrustment;

(c)	Kinds and scope of entrusted duties;

2.	Deleted; <by Presidential Decree No. 24245, Dec. 20, 2012>

3.	At the time of approving suspension or discontinuation of all or some of the entrusted duties pursuant to Article 161:

(a)	Title and address of the entrusted institution, all or some of the entrusted duties of which is suspended or discontinued;

(b)	Title and address of the office whose entrusted duties are suspended or discontinued;

(c)	Year, month and date of suspension or discontinuation;

(d)	Kinds and scope of entrusted duties to be suspended or discontinued;

(e)	In the case of suspension, the period of suspension;

4.	At the time of cancelling the designation of entrusted institutions pursuant to Article 167:

(a)	Title and address of the entrusted institution or title and address of the office thereof;

(b)	Year, month and date of cancellation;

5.	At the time of ordering the full or partial suspension of entrusted duties pursuant to Article 167:

(a)	Title and address of the entrusted institution;

(b)	Title and address of the office whose entrusted duties are suspended;

(c)	Year, month and date of suspension;

(d)	Kinds and scope or the period of suspension of entrusted duties for which suspension was ordered.

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Article 171 (Conditions for Designation, etc.)

(1)	When the Commission grants designation under Article 153 (1) 5 and 6, approval under Articles 155, 159, 161 and 166, or others, it may attach conditions or order changes in matters as deemed necessary.

(2)

The conditions attached and the changes ordered pursuant to paragraph (1) shall made to the minimum extent necessary for the fair management of matters concerning the designation and the approval, and they shall not be used to impose unfair obligations on persons who have obtained the designation or the approval.

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Article 172 (Requests, etc. for Submission of Materials)

When it is deemed necessary for the handling of entrusted duties, an entrusted institution may request the nuclear energy-related business operator who has applied for such duties to submit supplementary documents and other materials necessary for the handling of such entrusted duties or request its employees to conduct an on-site inspection of matters concerning the entrusted duties at the business sites or ask pertinent questions to persons involved, and collect the minimum amount of samples necessary for testing and evaluation.

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Article 173 (Identification, etc.)

When an entrusted institution has its employees conduct an on-site inspection, etc. at the relevant business site pursuant to Article 172, it shall have them carry documents issued by the Commission proving that they are duly visiting or investigating the site and produce such documents to the relevant persons.

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Article 174 (Prevention of Hazards to Environment)

The standards for the prevention of any hazards to national health and the environment pursuant to Articles 11 (subparagraph 3), 12 (paragraph (5) 2), 21 (subparagraph 3), 36 (subparagraph 3), 46 (subparagraph 3) and 64 (subparagraph 3) of the Act shall be as follows:

1.	The concentration of radioactive material discharged from the facilities in a liquid and gaseous state shall comply with the criteria the Commission determines;

2.	Other criteria the Commission determines to prevent any radioactive hazards shall be satisfied.

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Article 175 (Imposition and Payment of Surcharges)

(1)

When the Commission intends to impose a surcharge pursuant to Article 17 (2) of the Act (including cases as applicable mutatis mutandis in Articles 24 (2), 38 (2) and 66 (2) of the Act) and Article 57 (2) (including cases as applicable mutatis mutandis in Article 81 (2) of the Act), it shall specify the category of the relevant offense, the amount of the surcharge and the agency to receive such surcharge and shall notify the offender in writing to the effect that he/she must pay it.

(2)

The amount of a surcharge under paragraph (1) is as shown in attached Table 11: Provided, That it may be aggravated or reduced within the limit of 50 percent of the amount thereof, in consideration of the size of business and the degree of offense. In such cases, the amount of the surcharge, if aggravatingly imposed, shall not exceed 50 million won.

(3)

Any person who has been notified to pay a surcharge pursuant to paragraph (1) shall pay it to the competent institution within 20 days: Provided, That in cases where he/she is unable to pay it by the payment deadline due to natural disasters and other compelling reasons, he/she shall pay it within seven days from the date on which such circumstances or reasons cease to exist.

(4)	Any institution which has received a surcharge pursuant to paragraph (3) shall issue a receipt to the payer thereof and notify the Commission without delay to the effect that it has received the surcharge.

(5)	No surcharge shall be paid in installments.

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Article 176 (Fees)

"Institutions prescribed by Presidential Decree" in the proviso to Article 112 of the Act means the Korea Institute of Nuclear Safety, the Korea Atomic Energy Research Institute and the Korea Institute of Nuclear Nonproliferation and Control.

ADDENDA

Article 1 (Enforcement Date)

This Decree shall enter into force on October 26, 2011.

Article 2 (Transitional Measures concerning Former Dispositions, etc.)

Any disposition, procedure and other act taken in accordance with the former Enforcement Decree of the Atomic Energy Act as at the time this Decree enters into force shall be deemed taken in accordance with this Decree.

Article 3 Omitted.

Article 4 (Relations with other Acts and Subordinate Statutes)

Where other Acts and subordinate statutes have cited the Enforcement Decree of the Atomic Energy Act or any provisions thereof as at the time this Decree enters into force, if there are any provisions corresponding thereto in this Decree, they shall be deemed to have cited this Decree or the corresponding provisions of this Decree.

ADDENDA <Presidential Decree No. 23529, Jan. 25, 2012>

Article 1 (Enforcement Date)

This Decree shall enter into force on January 26, 2012.

Articles 2 and 3 Omitted.

ADDENDA <Presidential Decree No. 23759, May 1, 2012>

Article 1 (Enforcement Date)

This Decree shall enter into force on the date of Promulgation. ＜Proviso Omitted>

Articles 2 (Application concerning Public Notification on Testing)

Matters to amend the period of public notification on test, etc. among this Decree shall apply to the tests that are held after January 1, 2013.

ADDENDA <Presidential Decree No. 24245, Dec. 20, 2012>

Article 1 (Enforcement Date)

This Decree shall enter into force on the date of Promulgation.

Articles 2 (Transitional Measures concerning Alteration of Entrusted Institution)

Making disposals which have been entrusted by the Human Resources Development Service of Korea pursuant to previous Article 154 (5) before the execution of this Decree, other acts or acts in respect of the Human Resources Development Service of Korea by test applicants, etc. shall be deemed to be disposals or acts which have been made by the Korea Institute of Nuclear Safety, or acts in respect of the Korea Institute of Nuclear Safety pursuant to the amended provisions of subparagraph 5 of the attached Table 7.