Nuclear safety

Stimulated by the Fukushima nuclear disaster (후쿠시마 원전사고) in March, 2011, the Nuclear Safety Act (원자력안전법/原子力安全法) was unprecedentedly on the fast track: Its bill was passed by the plenary session of the National Assembly on June 29, 2011, and then it was promulagated on July 25, 2011.

After three-month preparation period, the Act came into force on October 26, 2011. In the legislation, the previous Nuclear Power Act has been changed into the Nuclear Safety Act, by adding "Alternative" to the bill.

Key words
nuclear safety, nuclear power, Fukushima nuclear disaster, safety control

Purpose of the Act
This act aims to relegate matters related to the safety control of nuclear power to the nuclear safety committee, thereby effectively separating the nuclear safety regulation system from the utilization and promotion system.

This is expected to enable the nuclear industry to follow international rules and to secure independence of the nuclear safety regulation, thereby establishing a rigid system for safe use of nuclear power.

Main points of the Act
The gist of the Nuclear Safety Act is as follows:

1. The nuclear safety committee shall set a comprehensive plan for nuclear safety every five years and implement it (Articles 3 and 4).

2. The committee may have an institution specializing in nuclear safety under its supervision and a separate act shall be prepared regarding the institution’s establishment and operation (Article 5).

3. The legal basis shall be specified for the Korea Institute of Nuclear Nonproliferation and Control, which was established for effective operation of safety and trade control of nuclear facilities and nuclear materials (Article 6).

4. Those who plan to build or operate a nuclear reactor and related facilities; run a business of refining or processing nuclear fuel or fissile materials; use nuclear fuel materials; produce, sell or use radioisotope or radiation-emitting devices; or build or operate a radioactive waste storing, processing or disposal facility or any auxiliary facility shall gain permission or authorization from the nuclear safety committee according to the relevant presidential decree or file a report pursuant to the rules set by the committee (Articles 10, 12, 14, 20, 21, 30, 35, 36, 45, 46, 52, 53, 55, 63, 64 and 99).

5. In the event that a person gained permission or authorization in fake or other fraudulent ways, the nuclear safety committee may cancel the permission or authorization (Articles 13, 17, 24, 32, 38, 48, 57, 66 and 95).

6. In accordance with the relevant presidential decree, any nuclear reactor installer, nuclear fuel cycling enterpriser, nuclear fuel material user, builder or operator of a radioactive waste disposal facility shall submit a set of measurement control provisions regarding nuclear materials among the internationally controlled materials, and obtain approval from the nuclear safety committee (Articles 15, 34, 44, 51 and 69).

7. In accordance with the relevant presidential decree, a nuclear reactor installer or operator shall report matters related to the construction of the reactor and related facilities, and measurement control of certain nuclear materials; a nuclear fuel cycling enterpriser shall report matters related to the installation and operation of the nuclear fuel cycling facility and measurement control of certain nuclear materials; a nuclear fuel material user shall report matters related to the utilization or possession of the materials or measurement control of certain nuclear materials; and a builder or operator of a radioactive waste disposal facility, etc. shall report matters related to the installation or operation of the facility, storing, processing and disposal of radioactive waste, and measurement control of certain nuclear materials with the nuclear safety committee for inspection (Articles 16, 22, 34, 37, 47 and 65).

8. The nuclear safety committee may order the suspension of operation of any power generating reactor and related facility in the event that the reactor or facility’s performance falls short of the technical regulations set by the committee or that the reactor or facility’s safety measures do not meet those prescribed by the relevant presidential decree (Article 27).

9. In the event that a power generating reactor’s operator intends to dismantle the reactor and related facilities or that a nuclear fuel cycling enterpriser intends to dismantle the cycling facility, he or she shall submit a dismantlement plan to the nuclear safety committee for approval (Articles 28 and 42).

10. A navigator of a foreign nuclear-powered vessel (except for warships) equipped with a nuclear reactor that will arrive at or leave a port of Korea, or anyone who intends to use nuclear fuel materials shall file a report with the nuclear safety committee according to the relevant presidential decree (Articles 31 and 52).

11. When an installer of a research reactor, etc. or a nuclear fuel cycling enterpriser opens, halts, closes or resumes the business, he or she shall file a report with the nuclear safety committee within 30 days (Articles 33 and 43).

12. Anyone who intends to perform decontamination, etc. as an agent for another person who gained permission over or reported on the production, sale or utilization of radioisotope or a radiation-emitting device shall register with the nuclear safety committee (Article 54).

13. In accordance with the relevant presidential decree, those who produce, sell or use radioisotopes or a radiation-emitting device or their agents, etc. shall report the production, sale or utilization or the agency business; a manufacturer or importer of radiation instruments shall report the instruments; a nuclear power-related enterpriser or any person who has been entrusted with the packaging or transport of radioactive materials shall report the technical regulations of the packaging and transport; a nuclear power-related enterpriser shall report transport containers of manufactured or imported radioactive materials, etc.; and those who operate the business of reading radiation exposure doses shall report the reading business with the nuclear safety committee for inspection (Articles 56, 61, 75, 77 and 80).

14. Any person who intends to manufacture or import radiation instruments shall obtain approval from the nuclear safety committee in accordance with the relevant presidential decree (Article 60).

15. In the event that an installer or operator of a nuclear reactor, a nuclear fuel cycling enterpriser, a nuclear fuel material user, an agency, a builder or operator of a radioactive waste disposal facility, etc. intends to transport radioactive materials in a certain amount prescribed by the nuclear safety committee’s rules into the place of business in Korea from the outside of that place or a foreign country, he or she shall report to the committee in accordance with the relevant presidential decree (Article 71).

16. Any person who intends to manufacture or import packaging or transport containers of radioactive materials shall obtain approval from the nuclear safety committee in accordance with the design standards prescribed by the relevant presidential decree (Article 76).

17. Any person who intends to operate the business of reading doses of externally-exposed radiation shall register with the nuclear safety committee, and, in the event that he or she has registered in fake or other fraudulent ways, the committee may cancel the registration or order the suspension of operation up to one year (Articles 78 and 81).