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ENFORCEMENT DECREE OF THE PROMOTION OF RADIATION AND RADIOACTIVE ISOTOPE UTILIZATION ACT

[Enforcement: Feb. 29, 2008] [Presidential Decree No. 20740, Feb. 29, 2008, Amendment of Other Act]

Ministry of Education, Science and Technology (Radiation Division) 02-2110- 6713~6715

Article 1 (Purpose)

The purpose of this Decree is to provide for the matters delegated by the Promotion of Radiation and Radioactive Isotope Utilization Act and matters necessary for the enforcement of the Act thereof.

Article 2 (Formulation of Plan for Promoting Utilization of Radiation, etc.) The Minister of Education, Science and Technology shall, when he/she formulates the plan for promotion of utilization of radiation, etc. under Article 3 of the Promotion of Radiation and Radioactive Isotope Utilization Act (hereinafter referred to as the "Act"), undergo the deliberation of the specialized committee on the use and development of nuclear energy (hereinafter referred to as the "Specialized Committee on Use and Development of Nuclear Energy") under Article 13 of the Enforcement Decree of the Atomic Energy Act. Article 3 (Formulation and Enforcement of Yearly Implementation Plan) (1) The Minister of Education, Science and Technology shall, to formulate the yearly implementation plan under Article 4 of the Act, set forth the guidelines for the formulation of yearly implementation plan for the next year (hereinafter referred to as the "guidelines for the formulation of yearly implementation plan") and notify it to the heads of the central administrative agencies concerned by Oct. 10 each year.

(2) The heads of the central administrative agencies concerned shall submit a plan for the implementation of matters under their jurisdiction for the year along with the results of implementation for the previous year by Jan. 31 each year to the Minister of Education, Science and Technology according to the guidelines for the formulation of yearly implementation plan notified pursuant to the provisions of paragraph (1) thereto.

(3) The Minister of Education, Science and Technology shall formulate the yearly implementation plan by putting together the implementation plans for the year and the results of implementation for the last year submitted by the central administrative agencies concerned under paragraph (2) and notify the formulated plan to the heads of the central administrative agencies concerned by the end of February each year.

(4) The Minister of Education, Science and Technology shall, when he/she formulates the yearly implementation plan under paragraph (3), undergo the deliberation of the Specialized Committee on Use and Development of Nuclear Energy.

Article 4 (Designation of Superintendent Research Institution and Information Management Institution)

(1) Institutions that may be designated as the superintendent research institution under Article 11 (1) of the Act or the information management institution under Article 11 (2) of the Act shall be as follows:

1. Associations established under the authorization of the Minister of Education, Science and Technology pursuant to Article 14 (1) of the Act;

2. Universities and colleges, industrial colleges, junior colleges and technical colleges under Article 2 of the Higher Education Act;

3. Medical corporations under Article 41 of the Medical Service Act;

4. Research institutions under the subparagraphs of Article 3 of the Enforcement Decree of the Fosterage of Specific Research Institution Act; and

5. National and public research institutions. (2) The Minister of Education, Science and Technology shall, in the designation of the superintendent research institution, examine whether the prospective superintendent research institution meets the following requirements:

1. It shall have records of research performance under Article 11 (1) of the Act and be equipped with personnel and facilities necessary to conduct research;

2. It shall have experience in the drawing up of research project plans, assessment of research results and management of research projects; and

3. It shall be equipped with personnel and facilities suitable to the maintenance and development of close cooperative systems among universities, research institutes and industries.

(3) The Minister of Education, Science and Technology shall, in the designation of the information management institution, examine whether the prospective information management institution meets the following requirements:

1. It shall have experience in the collection, analysis and processing of information regarding the radiation, etc. at home and abroad, including technical trends, and in the construction of databases; and

2. It shall have the capability to construct and operate a computer network for prompt and accurate dissemination and distribution of processed information. (4) The Minister of Education, Science and Technology shall announce the designation of the superintendent research institution or the information management institution in the official gazette, when he/she has designated it.

(5) The heads of the superintendent research institution and the information management institution shall submit the business results for the previous year and a plan for the year with respect to research on radiation, etc. and information management to the Minister of Education, Science and Technology by Jan. 31 each year.

(6) Particulars necessary for the designation and business performance of the superintendent research institution and the information management institution under paragraph (1) shall be separately prescribed by the Minister of Education, Science and Technology.

Article 5 (Application for Authorization for Establishment of Association and Society)

(1) Any person who seeks to obtain the authorization for the establishment of the association under Article 14 of the Act shall submit the following documents to the Minister of Education, Science and Technology at the time of application:

1. A copy of documents showing the name, address and brief background of the person (for a corporation, name, articles of incorporation, location of the head office, and recent business activities) who intends to obtain the authorization;

2. A prospectus;

3. A copy of articles of incorporation;

4. A copy of certificate issued by the registry or financial institutions with respect to major assets, such as real estate, deposits and securities;

5. A copy of business plan and the balance of the account for the business year after the scheduled date of the start of business or business commencement;

6. A copy of minutes of the inaugural meeting and the list showing the name and address of prospective members respectively (a document showing the total number of members, in the case that it is difficult to draft the list); and

7. A bill of estimated membership fee or application for contribution. (2) Any person who seeks to obtain the authorization for establishment of the benefit society (hereinafter referred to as the "society") under Article 15 of the Act shall submit documents under subparagraphs 1 through 5 of paragraph (1) and the following documents to the Minister of Education, Science and Technology at the time of application:

1. Mutual-aid regulations under Article 16 of the Act;

2. A copy of minutes of the inaugural meeting and the list showing the name and address of prospective members respectively (a document showing the total number of members, in the case that it is difficult to draft the list); and

3. A bill of estimated investment or application for contribution. (3) The Minister of Education, Science and Technology shall authorize the association or the society in the event that the contents of the application for authorization for establishment under paragraph (1) or (2) meet the following standards:

1. Where the intended business is deemed to be concrete and feasible;

2. Where the funds accumulated through membership fees and investments are deemed to accomplish the intended business; and

3. Where the intended business is deemed to maintain and increase public interests.

(4) Particulars necessary with respect to the establishment of the association or the society under paragraph (1) or (2) shall be separately determined by the Minister of Education, Science and Technology. Article 6 (Investment of Association, etc.)

(1) The investment of the association shall be the total face value of the total investment units paid by its members.

(2) The association shall deliver the investment certificate to investors under the conditions as prescribed by its articles of incorporation. (3) The amount for each unit of investment shall be equal. (4) The investment shall be paid in cash in full and the money due shall not be offset by claims against the association.

(5) Liability of a member shall be limited to his/her investments. (6) Matters with respect to the amount of an investment unit and other necessary matters with respect to investment shall be prescribed by the articles of incorporation.

Article 7 (Transfer, Acquisition, etc. of Shares of Association Members) (1) Members of the association may transfer their shares of the association only to other members or persons intending to become a member of the association. In this case, the person who takes over the shares shall succeed the rights and obligations of the transferor.

(2) The association may, when it is necessary to exercise the security right it holds to a member of the association, acquire and dispose of shares of the member. (3) The shares of members of the association shall not be the object of the right of pledge except in the case where the shares are offered as a security of an obligation to the association.

Article 8 (Limit of Guarantee, etc.)

(1) The maximum amount that the society may guarantee shall be forty (40) times the sum of total investments of the benefit society and reserves. Provided, that the amount guaranteed under the guarantee or insurance of institutions under the subparagraphs of Article 38 of the Act on Establishment, etc. of Financial Supervisory Agencies shall not be counted in the calculation of the maximum limit of the guarantee amount of the society.

(2) The limit that the society may guarantee or finance funds for a member shall be determined by the articles of incorporation.

Article 9 (Guarantee Fee, etc. of Society)

Guarantee fees, mutual aid dues, loan rates, discount rate of bills and charges for public facilities referred to in Article 15 (5) of the Act shall be determined by the articles of incorporation taking into consideration the following matters:

1. Guarantee fees: The sum of money invested and shares, type and limit of the guarantee, and credit rating;

2. Loan rates: Type and amount of the loan, terms and conditions of the loan;

3. Discount rate of bills: The object and type of the bill, term of payment;

4. Charges for public facilities: Expenses for the installation and operation of the facilities, and depreciation expense; and

5. Mutual aid dues: The object and type of mutual aid, period of mutual aid and loss ratio.

Article 10 (Entrustment of Business of the Society) The society may entrust part of its business to the association established under Article 14 (1) of the Act or institutions under the subparagraphs of Article 38 of The Act on Establishment, etc. of Financial Supervisory Agencies with the decision of the board of directors.

Article 11 (General Meeting, etc. of the Society) (1) The society shall have a general meeting and board of directors as provided in the articles of incorporation.

(2) The members shall have a unit of voting right for a unit of investment at a general meeting. Provided, that in the case that the society has acquired shares under Article 7 (2), the society may not exercise the right to vote for the acquired shares. Article 12 (Application for Authorization of Amendment of Articles or Mutual-aid Regulations)

The association or the benefit society shall, when it seeks to obtain authorization for the amendment of mutual-aid regulations or articles of incorporation pursuant to the provisions of Article 16 or 18 of the Act, submit the following documents to the Minister of Education, Science and Technology:

1. A copy of a draft amendment of mutual-aid regulations or articles of incorporation;

2. A copy of an explanatory statement for the amendment of mutual-aid regulations or articles of incorporation;

3. A copy of minutes of the general meeting concerning the amendment of mutual-aid regulations or articles of incorporation Article 13 (Entrustment of Services)

The Minister of Education, Science and Technology may entrust the service of surveying the actual condition of industries that use radiation, etc. under Article 13 of the Act to the association. Article 14 (Operating Regulations of the Association and the Society) Matters other than those provided in this Decree or necessary for the implementation of matters provided in this Decree with respect to the operation of the association or the society shall be provided by the articles of incorporation. SUPPLEMENTARY PROVISIONS (Ministry of Education, Science and Technology, and Its Staff Organization) Article 1 (Enforcement Date)

This Decree shall enter into force from the date of its promulgation. Articles 2 through 6: Omitted

Article 7 (Amendment of Other Act)

(1) through <86>: Omitted

<87> Part of the Enforcement Decree of the Promotion of Radiation and Radioactive Isotope Utilization Act shall be amended as follows: The term "the Minister of Science and Technology" in Articles 2, 3 (1) through 3 (4), 4 (1) 1, part outside subparagraphs of 4 (1) 2, 4 (1) 3 through 4 (1) 6, part outside subparagraphs of 5 (1), part outside subparagraphs of 5 (2), part outside subparagraphs of 5 (3), 5 (4), part outside subparagraphs of 12 and 13 shall be amended as "the Minister of Education, Science and Technology" respectively. <88> through <102>: Omitted