South Korea Amends Nuclear Safety Act to Clarify Safety Responsibilities of Nuclear Facility Operators

The National Assembly of South Korea passed a partial amendment to the Nuclear Safety Act at its 438th special session on August 20, marking the first time that nuclear-related business operators' primary responsibility for nuclear facility safety has been explicitly established at the legal level. This move signifies that South Korea's nuclear safety management system will further transition from a licensing and regulation-centered approach to a responsibility system aligned with the safety principles of the International Atomic Energy Agency (IAEA).

The amendment was proposed by South Korean lawmaker Oh Se-hee. Prior to the revision, South Korea's Nuclear Safety Act primarily established safety standards and regulatory procedures around reactor construction and operating licenses, nuclear material use, and radioactive waste management facility operations, but lacked direct provisions on the primary responsible entities for nuclear accident prevention and safety assurance.

Under the newly added provisions, nuclear-related business operators must fulfill nuclear safety management obligations and bear responsibilities for accident prevention, damage response, and post-accident recovery during the construction and operation of nuclear facilities. This provision enshrines the principle that "operators bear primary responsibility for safety" into South Korean domestic law, providing a clearer institutional basis for subsequent nuclear facility safety management.

This principle is consistent with internationally accepted nuclear safety frameworks. The International Atomic Energy Agency explicitly states in its Fundamental Safety Principles and related international safety standards that the primary responsibility for nuclear facility safety rests with the operator, not the regulatory body. The IAEA's Integrated Regulatory Review Service (IRRS) had previously recommended that South Korea further clarify operators' safety responsibilities in law. The European Union (EU) has established operator responsibility as a core principle of nuclear safety management through its Nuclear Safety Directive. South Korea's amendment will help enhance the consistency of its nuclear safety system with international standards.

The key focus of implementing the amendment lies in transforming the management approach that relies solely on regulatory oversight. Under the new requirements, operators that directly construct and operate nuclear facilities must proactively identify and control risks, and bear responsibility for accident prevention, emergency response, and recovery efforts. This also aligns with the "safety culture" emphasized in the international nuclear safety field, whereby operating organizations and their employees should prioritize safety before regulatory inspections, proactively identifying and improving potential risks.

Against the backdrop of South Korea's efforts to advance its high-level radioactive waste management system, this amendment also carries practical significance. As the construction and operation of spent nuclear fuel interim storage facilities and final disposal facilities gradually progress, operators' safety responsibilities will apply not only to nuclear power plants but also extend to the broader field of radioactive waste management. Such facilities typically involve long-term safety assurance, requiring the establishment of a continuous responsibility chain across design, construction, operation, accident response, and post-closure management.

However, enshrining the responsibility principle in law does not automatically translate into enhanced safety levels. More specific safety management standards, risk assessment mechanisms, accident response systems, safety investment requirements, and professional staffing plans still need to be developed as supporting measures. Operating organizations also need to establish safety-first decision-making mechanisms internally, ensuring that on-site personnel can raise concerns when risks are identified and, where necessary, take shutdown or suspension measures in accordance with procedures.

The strengthening of operator responsibility does not mean a weakening of the regulatory role. Regulatory bodies, including the Nuclear Safety and Security Commission (NSSC) of South Korea, still need to continuously verify through independent inspection and oversight whether operators' safety management systems are functioning effectively. Only when operators' primary responsibility and regulators' independent oversight function simultaneously can the objectives of the amendment truly materialize at nuclear facility sites.

Industry insiders believe that disclosing nuclear power plant operational information, strengthening communication with local residents, and improving independent safety verification mechanisms will also influence the practical effectiveness of this institutional adjustment. Only when operators' fulfillment of responsibilities can be verified through objective information and independent review can the relevant reforms help enhance public trust in the nuclear safety management system.

This amendment may also provide institutional support for South Korea's participation in overseas nuclear power projects. In the international nuclear power market, beyond reactor technology and economic viability, nuclear safety regulatory frameworks, operational experience, and accident response capabilities are equally important evaluation factors. South Korea's incorporation of operators' primary safety responsibility into law will help strengthen the institutional credibility of its nuclear power industry in international cooperation.