Regulators conduct inspections and issue non-compliance notice, and it is necessary to examine whether this is equivalent a corrective order. A corrective order imposes binding obligations on a business, and violations of it can result in sanctions such as fines, license revocation, or suspension. Therefore, if it is a corrective order, it must go through procedures such as prior notification under the Administrative Procedure Act. However, so far, no such procedures have been followed when issuing non-compliance notice. There are three possible interpretations of it: 1) the issuance of a non-compliance notice is not a corrective order but a part of an inspection, 2) the issuance of a non-compliance notice is a corrective order but not a disposition, and 3) the process of hearing opinions and prior notification was carried out during the inspection. However, if it is a part of an inspection, it should be issued by KINAC or KINS, which is entrusted with the inspection, but it is issued by the Nuclear Safety and Security Commission, and it is a disposition because it makes specific demands, and the corrective orders themselves have not gone through the procedure of hearing opinions. Therefore, in order for a non-compliance notice to be enforceable unlike a recommendation and to be issued by the Nuclear Safety and Security Commission instead of the inspection agency, the law should be amended and the procedure of prior notice and hearing opinions required by the Administrative Procedure Act should be carried out at the issuance stage.

• Sangcheol Hyung(Korea Institute of Nuclear Nonproliferation and Control (KINAC)) Corresponding author
• Min Baek(Pohang University of Science and Technology (POSTECH))