(1) Reasons for Proposal

As nuclear materials are being increasingly transported abroad, including exportation of nuclear fuel materials to the United Arab Emirates (UAE), etc., this partial amendment aims to i) obligate nuclear licensees to receive approval from the Nuclear Safety and Security Commission regarding a plan for physical protection during international transport of nuclear materials and to undergo such inspections of protective measures taken during international transport as conducted by the Nuclear Safety and Security Commission; ii) to prescribe the punishment regulations concerned; and iii) to correct or close loopholes in the operation of the existing system, thus strengthening protection during international transport of nuclear materials.

(2) Major Provisions

A. Divide persons defined as nuclear licensees into the following two types: “a person who has obtained a permit for construction of research and educational reactors and facilities related thereto” and “a person who has obtained a license to operate research and educational reactor and facilities related thereto.” (Article 2) 

※ Such a definition shall apply reflect Article 30 and Article 30-2 of the Nuclear Safety Act.

B. Prepare grounds for making the standards for designation of physical protection education institutions, cancellation thereof and matters required for the operation of education, etc., be governed by Presidential Decree and Ordinance of the Prime Minister, respectively, in accordance with importance. (Article 9-2)

C. Upon taking out to foreign countries or bringing into Korea nuclear materials, submit a plan to the Nuclear Safety and Security Commission describing protective measures to be taken during international transport and obtain approval therefor from the Nuclear Safety and Security Commission, and undergo an inspection to confirm the adequacy and implementation of such plan. (Article 13 and Article 13-2) 

D. Incorporate such additional duties as related to the examination on approval of a physical protection drill plan and a plan for protective measures to be taken during international transport and to the inspection of such measures during international transport, into the duties entrusted to specialized institutions, etc. Obligate a head of the institution to which the duties are entrusted to establish regulations on the performance of entrusted duties for the approval of the Nuclear Safety and Security Commission. (Article 45)

E. Impose penalties or administrative fines to secure legal binding force of the duties which are involved in or relevant to the protective measures to be taken during international transport, such as the approval of a plan for protective measures during transport and inspections of such measures during transport. (Article 49, Article 50 and Article 52)