NUCLEAR SAFETY AND SECURITY COMMISSION

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Act on the Establishment and Operation of Nuclear Safety and Security Commissionpdf

Act on the Establishment and Management of Nuclear Safety and Security Commission
Classification No. of Article Contents
Purpose Article 1 ㆍTo protect citizens from any radiation hazards from production and use of atomic energy, promote public safety and contribute to environmental conservation
Principle in Managing NSSC Article 2 ㆍTo maintain independence and fairness
Establishment of the Commission Article 3 ㆍNSSC shall be established directly under Prime Minister, as a central government organization <amended, Mar 23, 2013>
Composition of NSSC Article 4 ㆍNSSC shall be composed of 9 commissioners including 1 chairperson. The chairperson shall be the standing member of the commission after being appointed with the consent of the National Assembly.
Appointment of Commissioners Article 5 ㆍChairperson shall be appointed by President of the Republic of Korea on the recommendation of Prime Minister

ㆍCommissioners shall be appointed by President on the recommendation of the Chairperson. The Commission shall have the commissioners of following areas: atomic energy, environment, health and medicine, science and technology, public safety, law, liberal art and sociology.

ㆍAppointment of commissioners and other matters necessary to compose the Commission shall be determined by Presidential Decrees.

Duty ㆍ Authority of Chairperson Article 6 ㆍThe Chairperson shall represent NSSC, preside meetings and control the affairs of the Commission

ㆍThe Chairperson may attend and speak at the cabinet meeting

ㆍWhen the Chairperson is unable to perform his/her duties for an unavoidable reason, the standing member among the Commissioners, shall perform such duties. When the standing member is unable to perform his/her duties, another member, designated in advance by the Commission, shall perform such duties.

<amended, Mar 23, 2013>
Term of Commissioners Article 7 ~ Article 8 ㆍThe term of the commissioners shall be 3 years and the commissioners may be reappointed only once.

ㆍNo Commissioners shall be dismissed from the post against his/her will, if they not fall under any of the followings:

- A person who is unable to perform duties due to a chronic physical or metal disabilities - A person who is disqualified pursuant to Article 10 - A person who breached the duties set by the Act - A person who used his authority in respect to the Commission to obtain unfair advantages
Prohibition from Holding Office Concurrently Article 9 ㆍThe Standing Members shall neither, while holding office, concurrently hold office nor be engaged in any business that provides regular payment.

ㆍCommissioners shall not be engaged in any political activities

Disqualification Article 10 ㆍA person who falls under any of the followings shall not be appointed as Commissioner.

- A person who falls under any of the provisions of Article 33 of the State Public Officials Act - A person who was dismissed from his/her post due to impeachment - A member of a political party pursuant to Article 22 of the Political Parties Act - A person in whose case 3 years have not passed since he/she worked as head or employee of atomic energy users' groups - A person in whose case 3 years have not passed since he/she was commissioned to or involved in research projects or business of atomic energy users' groups
Affairs belonging to the NSSC Artile 11 ㆍNSSC shall control the following affairs:

- Matters concerning Nuclear Safety - Matters concerning research and development of Nuclear Safety Management
Deliberation ㆍResolution Article 12 ㆍNSSC deliberate and resolute the following matters:

- Collection and adjustment of matters concerning nuclear safety management
- Establishment of the Comprehensive Nuclear Safety Plan pursuant to Article 3 of the Nuclear Safety Act
- Matters concerning regulation on nuclear materials and reactors
- Matters concerning defense against disabilities caused by radiation exposure from the use of atomic energy
- Matters concerning issuance of license, renewal of license, permission, approval, registration and cancellation
- Matters concerning penalties or fine imposed on illegal actions of nuclear operators
- Matters concerning estimation and distribution of expenses for nuclear safety management
- Matters concerning inspection, test, research and development of nuclear safety management
- Matters concerning nurturing and training researchers and technicians in the field of nuclear safety
- Matters concerning safety management of radioactive waste
- Matters concerning radiation disaster prevention measures
- Matters concerning international cooperation in the field of nuclear safety
- Matters concerning budget planning and execution of the Commission
- Matters concerning enactmentㆍrevisionㆍabolition of the laws concerned and the regulations of the Commission
Meetings Article 13 ㆍA meeting shall be called at the request of more than 2 commissioners. The Chairperson alone shall call a meeting.

ㆍResolutions shall be passed with the approval of a majority of the commissioners.

ㆍMeetings shall be opened to the public

ExclusionㆍAvoidance of Commissioners from Meetings Article 14 ㆍA Commissioner shall be excluded from deliberation and resolution on matters if he/she falls under any of the followings:

- Matters in which the commissioner or his/her spouse have a direct interest or to which he/she is a joint holder of any rights or responsibilities - Matters in which his/her relatives are involved - Matters to which the Commissioner give testimony or appraisal - Matters in which the Commissioner has been involved as a person of a direct interest or proxy - Matters in which the Commissioner was involved in administrative or nonfeasance actions
Special Committee Article 15 ㆍThe Commission shall establish a special committee under the Commission when it is necessary to obtain practical advice or review matters subject to deliberationㆍresolution in advance.
Annual Report Article 16 ㆍThe Commission shall submit an annual report on its performance of the year within 3 months after the end of the fiscal year.
Secretariat Article 17 ㆍThe Commission shall have a secretariat to manage the affairs of the Commission

ㆍThe Secretariat shall be composed of 1 secretary general and necessary officers appointed by the Chairperson

Duty to Maintain Integrity and Penalty Article 18 ~ 19 ㆍAny Commissioners of the Commission shall not acquire bribes, favors or other unjust benefits from the people involved in the nuclear industry, which is subject to deliberation or regulations of the Act. In case of violation, the Commissioner shall be punished by imprisonment with/without labor for a limited period of not less than 10 years.

Nuclear Safety Actpdf

Purpose: To promote public safety and prevent radiation hazards by establishing regulations on safety management of research, development and the use of atomic energy

Main contents

Nuclear Safety Act
Classification No. of Article Contents

General Provision

Chapter 1 Article 1~2

- The purpose and definitions of the terms of the Nuclear Safety Act

Comprehensive

Plan for

Nuclear safety

Chapter 2 Article 3~9

- The establishment of the Comprehensive Plan For Nuclear Safety

Construction of

Electricity

Generating

Reactors and

Related facilities

Chapter 3 Article 1

-NSSC's issuing permits for the construction of electricity generating reactors and related facilities

-The criteria for construction, standard design certificate, material accountancy, inspection, and revoking licenses

(10)~(19)

Operation of

Electricity

Generating

Reactors and

Related facilities

Chapter 3 Article 2

(20)~(29)

- NSSC's issuing permits for the construction and operation of electricity generating reactors and related facilities

- The criteria for operation, material accountancy and inspection, periodic inspection on stability, revoking licenses, and dismantlement or removal of facilities

Construction& Operation of Research Reactor

Chapter 3 Article 3

(30)~(34)

- The NSSC's issuing permits for research or education reactors and related facilities

-Entrance and clearance notice of nuclear powered vessels, revoking licenses, suspension and abolition of operation

Nuclear Fuel Cycle Business

Chapter 4 Article 1

(35)~(44)

-NSSC's issuing permits for refining or processing nuclear source materials and nuclear fuel materials

- The criteria for permits, inspection, revoking permits, and safeguards measures for operation,

Use of Nuclear Materials

Chapter 4 Article 2

(45)~(52)

- NSSC's issuing permits for use or possession of nuclear fuel materials

- The criteria for permits, inspection, revoking permits, and report of the use of nuclear fuel materials

Radioisotopes

nd

radiation

generating

devices

Chapter 5

Article 53 ~62

-NSSC's issuing permits for producing, selling, using, and transporting radioisotopes

- Registration of entrusted agencies/the criteria for permits, inspection, and revoking licenses

Disposal and Transport

Chapter 6

Article 63~77

- NSSC's issuing permits for the construction and operation of nuclear waste storage, treatment, disposal facilities and related facilities

- The criteria for permits, inspection, inspection on disposal facilities, revoking operation licenses, limitation on disposal of nuclear waste, and transport notice

Dosimetry Service

Chapter 7

Article 78~83

- The criteria for registration of dosimetry service providers, revoking registration, and inspection

License

And

Examination

Chapter 8

Article 84~88

- Operation of reactors, classification of licenses for handling nuclear fuel materials or radioactive isotopes, and disqualifications

Regulation and Supervision

Chapter 9

Article 89~98

- Designation of restricted areas to protect health and property from radiation hazards and prevent accidents

- Restriction on installment of harmful facilities, preventive measures against radiation injuries, report on the injuries, and follow-up measures after revoking licenses or abolishing business

Supplementary Provisions

Chapter 9

Article 99~112

- Approval or specified conditions, approval of a report on specific technology, hearing, protection of employees, reflection of residents' opinions, environmental conservation, the national environmental radiation monitoring, education and training, nuclear reactor and related facilities, and nuclear material import or export process

Penal Provisions

Chapter 10

Article

113 ~121

- Penalty or fine for actions against nuclear safety and penalty imposed on both operators and their employees

Act on Physical Protection and Radiological Emergency pdf

Act on Physical Protection and Radiological Emergency
Classification No. of Article Contents

General Provisions

Chapter 1

ㆍThe purpose of the Act is to strengthen the protection system of nuclear facilities to guard against an increase of the number of nuclear facilities or new threats such as terror and sabotage, and to establish legal and institutional frameworks for an efficient radiation disaster management system.

Physical Protection of Nuclear Materials and Nuclear Facilities Chapter 2 ㆍThe Government shall establish a physical protection systems for nuclear materials and nuclear facilities in order to promote the safe use and operation of the materials and facilities (Article 3, Article 4)
ㆍThe physical protection council shall be established under the Nuclear Safety and Security Commission in order to review and execute important policies on the physical protection for nuclear materials and facilities. Regional protection councils (Metropolitan/Provincial/Gun/Guprotection councils) shall be established where such nuclear facilities are located. (Article 5, Article 7)
ㆍThe Nuclear operator shall establish annual plans on the operation system, regulations, emergency plans of the physical protection in order to prevent illegal transport of nuclear materials and threats toward nuclear facilities
Radiation Disaster Prevention Measures Chapter 3 ㆍThe Government shall establish national and regional radiation disaster prevention plans (Article 17, Article 18, Article 19) in order to operate the response system according to the types of radiation emergencies (Article 17)
ㆍThe nuclear operator shall formulate a radiation emergency plan and obtain the approval of the Nuclear Safety and Security Commission. (Article 20 and Article 21 prescribes the duties and responsibilities of the nuclear operator for prevention, response and post-accident remedial measures.)
ㆍThe Government shall establish and operate the Central Radiation Disaster Prevention and Response Headquarter, the Regional Radiation Disaster Prevention and Response Headquarters, and the On-site Radiation Prevention and Command Centers as part of the national radiation emergency response system (Article 25, Article 30)
ㆍThe nuclear operator shall acquire necessary facilities and equipment for radiation protection and response, and complete the education course and training on disaster prevention.
ㆍThe Government shall operate the national radiation emergency medical service centers, and designated primary or secondary radiation emergency hospitals in regions in order to enhance abilities to provide first-aids to exposed patients and treat the patients
ㆍFor post-accident remedial measures, if the Head of the Regional Radiation Disaster Prevention and Response Headquarter (president of local government, mayor, governor, the head dministrator of Gu office) plans to disassemble the headquarter, the head shall establish and implement remedial plans after evaluating the mid to long-term effects from radiation in the disaster-hit area. The resident of the local government and the head of the nuclear facility responsible for the disaster , such as the nuclear operator, shall establish and implement post-accident remedial measures (for example, investigations on the dose rates or the concentration of nuclear materials in the disaster-struck area) after the radiation emergency warning is lifted.
Supplementary Provisions Chapter 4 ㆍThe Government may entrust the work of each field to special institutions considering progressional and unique natures of the physical protection, radiation prevention and radiation emergency medical service (Article 45)
ㆍTo improve radiation protection infrastructures in local areas, the local governments may spend the subsidies provided pursuant to the Act on Assistance to Areas Near Power Plants on purchasing equipment necessary for disaster prevention education and training. (Article 46)
Penal Provisions Chapter 5 ㆍArticle 47 and 52 prescribe specific provisions about penalties and fines for the breach of the Act

Act on Protective Action Guidelines Against Radiation in the Natural Environmentpdf

Purpose: to prescribe matters concerning radiation in the natural environment in order to protect health and the environment and enhance quality of life and public safety

Main contents

Act on Protective Action Guidelines Against Radiation in the Natural Environment
Classification No. of Article Contents

General Provision

Chapter 1

Article 1~4

- The purpose of legislation, definitions of the terms, the Government's duties to achieve the purpose of this Act

Comprehensive Plan on Protection Against Radiation
in the Natural Environment

Chapter 2

Article 5~8

- Establishment and implementation of 5-year plans and annual plans for radiation protection from nuclear materials, by-products from processing, processed products, cosmic radiation, and radiation from soil and rocks

Management of source materials ·by-products·processed products

Chapter 3

Article 9~18

- Duties to report any treatment, disposal or recycle of by-products from processing in order to minimize radiation exposure to non-radiation/radiation workers.

- Actions that should be done by a person running nuclear facilities, according to the levels of radiation in order to protect workers handling source materials, by-products or processed products

- Safety standards for processed products in order to keep non-radiation workers from any radioactive effects of source materials or processed products made of the by-products

- Duties of air transport businesses to manage radiation exposure in order to protect cockpit crews and flight attendants who are at risk of being exposed to cosmic radiation

Installment · Operation of Radiation Monitoring Devices

Chapter 4

Article 19~22

- installment and operation of radiation monitoring devices in order to prevent source materials or by-products from being carried into the national territory through ports or airports and distributed without registration

- protecting citizens from radioactive effects of processed products or recycled scrap metal containing natural radio-nuclide.

Supplementary Provision

Chapter 5

Article 23~28

- Regular monitoring, through fact-finding survey or analysis, on materials handled by the business, registered pursuant to Act on Protective Action Guidelines Against Radiation in the Natural Environment, distribution status of processed products, implementation of prescribed matters, safety management for employees, and changed matters in processing in order to check the level of safety management

- Education programs to systematically manage radiation information and promote understandings on radiation in the natural environment

Penal Provision

Chapter 6

Article 29~31

- Penalty or fine for activities against the law and penalty imposed on both operators and their employees

Nuclear Liability Actpdf

Nuclear Liability Act
Classification No. of Article Contents

Purpose

Article 1

The purpose of this act is to protect persons suffering from nuclear damage and to contribute to the sound development of the nuclear industry by prescribing matters concerning nuclear damage compensation in the event of nuclear damage caused by reactor operation etc.

Definition

Article 2

ㆍ Operation of nuclear reactors : reactor operation, processing, conversion, SFprocessing, storage, processing or disposal of radioactive waste

ㆍ Nuclear damage : any damages caused by the effects of nuclear fission of nuclear fuel, radiation or toxic effects from nuclear fuel or materials contaminated by the fuel (the lossof economic benefits from utilizing the environment caused by a significant environmental damage is also included.), recovering costs, and damage relief measures

ㆍ Nuclear operator : any persons who is granted a permit for the construction/operation of nuclear facilities or any persons who is granted a permit for or report a notice of processing, conversion, and use of nuclear fuel materials

ㆍ Nuclear accident : a significant and acute accident that caused or is likely to nuclear damages (a series of accidents caused by the same cause are included)

Liability without fault and Channeling of liability

Article 3

ㆍ Liability without fault : the nuclear operator is exclusively liable for any damages caused by reactor operation etc, except for armed conflict or hostile act between nations, civil wars or domestic insurrection

ㆍ Channeling of liability : if a damage is caused as a result of the transport of nuclear fuel, the nuclear operator who is the consignor of the fuel is liable for the damage unless there is a special agreement between the operators.

Liability limit

Article 3, Section 2

ㆍ Maximum liability of 300million KRW (1 SDR) per 1 nuclear accident

Measures of

Compensation

Article 5, Article 6

ㆍ Mandatory compensation measures should be taken before a restart of operation or nuclear activities

ㆍMeasures of compensation : liability insurance, compensation agreement or deposit

* Liability insurance : an insurance system of risk financing for the insured (operator) to pay an insurance premium to be protected from the risks of liabilities imposed by nuclear damages

* Indemnity agreement : an agreement by which the government undertakes to indemnify a nuclear operator for his loss arising from compensating nuclear damages, not covered by the liability insurance, and the operator undertakes to pay an indemnity fee to the government.

ㆍ The amount of measures of compensation (the amount of indemnity insurance for nuclear damage, nuclear damage indemnity agreement, deposit)

- The amount is set considering the type of nuclear facilities, the nature of nuclear fuel to be handled and expected consequences from the nuclear accident (50 billion KRW per site, for nuclear power plants)

※ The criteria for the amount of nuclear damage indemnity agreement according to the kind of reactor operation, etc.

ㆍElectricity generating reactor with more than 10,000 killowatts of thermal output : 50 billion KRW

ㆍResearch reactor with more than 10,000 killowatts of thermal output : 6 billion KRW reactor with thermal output more than 100 killowatts and less than 10,000 killowatts : 1 billion KRW reactor with thermal output less than 1 killiowatts : 20million KRW industrial processing facility : 20million KRW transport and storage of nuclear fuel materials and contaminated materials : 20million KRW spent fuel interim storage and disposal facility : 2billion

Right to

Indemnity

Article 4

ㆍ A nuclear operator who has compensated for the nuclear damages caused by a willful intention or gross negligence of the third party, shall have the right to indemnity (when there is a special agreement, the agreement prevails)

Priority

of

Claims

for

Indemnity

Article 8

ㆍ Victims shall ,with respect to his/her claims for nuclear damage, have priority of payment.

Extinctive Prescription

Article 13 Section 2

ㆍ The right to receive compensation shall be extinguished by prescription unless the victim or his legal representative executes the right within 3 years from the day on which the victim realized the damage and became aware of the identity of the liable person, and within 10 years after the accident occurred. (30years for damages to human)

Measures by Government

 

Article 14

Nuclear Damage Deliberation Committee

Article 15

ㆍ The Nuclear Safety and Security Committee may establish the Nuclear Damage Deliberation Committee to reconcile disputes concerning nuclear damage compensation.

Act on Indemnity Agreement for Nuclear Liability pdf

Act on Indemnity Agreement for Nuclear Liability
Classification No. of Article Contents

Purpose

Article

1

The purpose of the Act is to prescribe matters concerning agreements of indemnification for compensation for nuclear damage under the provisions of measures of compensation

Indemnity

Agreement

Article

3

ㆍ The agreement shall be concluded between the government and the nuclear operator

Indemnified

Losses

Article

4

ㆍ Nuclear damages caused by normal operation

ㆍ Nuclear damages caused by tsunami, flood, typhoon, thunderbolt or earthquake

ㆍ Nuclear damages for which the victim could not claim compensation for unavoidable reasons before the period in which the liability insurance undertakes to compensate expires

Amount of

Indemnity

Agreement

Article

5

ㆍ The amount of indemnity agreement shall be equivalent to the amount of compensation prescribed in the Nuclear Damage Compensation Act

Period of

Indemnity

Agreement

Article

6

ㆍ The period shall be from the date on which the contract was signed to the date of decommissioning the nuclear reactor

Indemnity

Fees

Article

7~

Article

8

ㆍ Determination of indemnity fees : 5/10,000 of the amount of indemnity agreement (2.5/10,000 for research reactors)

ㆍ Day of paying indemnity fees : the fee is paid on the day on which the indemnity contract is signed, and thereafter the one-year amount of the fee is paid on the same date.

Prescription

Article

12

ㆍ The entitlement to an indemnity payment shall be extinguished by prescription if such entitlement is not claimed within 2 years from the date such entitlement could have been excercised.

Subrogation

Article

13

ㆍ Where the Government has paid indemnity under an indemnity agreement and the nuclear operator holds the right to indemnity to the third party, the government shall have the right within the extent of the payment made by the government. Where the operator is paid by exercising the right to indemnity, the government shall be exempt from the duty to pay within the extent of the payment made to the operator

Return of

Indemnity Payment

Article

14

ㆍ Where the nuclear operator submits a report which is not consistent with the format set by the Act, or a false report, the Government shall have the operator return the indemnity payment.

Termination of

Indemnity

Agreement

Article

15

ㆍ Where the nuclear operator has taken other measures of compensation for damage than the measures under the indemnity agreement or insurance, the Government may terminate the indemnity agreement.

ㆍ Where the nuclear operator has not taken necessary measures to indemnify the nuclear damage before the operation of the nuclear reactor, or has not submitted a report consistent with the format set by the Act, or filed a false report, or has not taken necessary security measures at reactor facilities, or has not taken measures to prevent and reduce nuclear damages, the Government may terminate the indemnity agreement.

The Korea Institute of Nuclear Safety Act pdf

Purpose : to protect citizens from radiation hazards, promote public safety, and contribute to environmental conservation

Main contents

>The Korea Institute of Nuclear Safety Act
Classification No. of Article Contents

Establishment

Article 1~5

- Process of the establishment and articles of incorporation of the KINS

Role, Function and Affairs belonging to the KINS

Article 6~8

- The affairs belonging to the KINS are as set forth under each of the following paragraph

1. Work consigned pursuant to Article 111 Section 1 of the Nuclear Safety Act and Artice 54 Section 1 of the Act of Measures for the Protection of Nuclear Facilities, etc. and Prevention of Radiation Disasters

2. Research and Development of nuclear safety regulations

3. Technical assistance to develop policies on and systems of nuclear safety regulation

4. Provision of technical assistance concerning radiation protection

5. Management of information on nuclear safety regulation

6. Investigation and assessment of environmental radiation

7. Provision of education programs on nuclear safety regulation

8. Provision of assistance for international cooperation in the field of nuclear safety regulation

9. Sub-projects, accompanied by the paragraph 1 to 8, which the Nuclear Safety and Security Commission deem necessary

Executive Officer, Board of Directors, Organization

Article 9~12

[ Executive Officers ]

- Composition : not more than 11 executive officers, including the President, and 1 auditor

- Term : 3 years for the President and 2 years for executive officers and auditor. The President, executive officers and auditor may be reappointed on an annual basis.

[ Board of Directors ]

- Function : Deliberation and resolution on important matters of the KINS

- Election of the Chairperson : the Chairperson shall be elected as set in the articles of incorporation.

[ President ]

- Appointment : the President shall be appointed by the Chairperson of the Nuclear Safety and Security Commission

Management

Article 13~24

- KINS is operated with contributions from the Government or other persons, burden cost and other profits