Law Viewer

Back Home

ACT ON THE COMPENSATION AND SUPPORT FOR AREAS ADJACENT TO TRANSMISSION AND SUBSTATION FACILITIES

Act No. 12356, Jan. 28, 2014

Amended by Act No. 12738, jun. 3, 2014

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to promote the stability of electricity supply and demand, and to contribute to developing the national economy and regional communities by implementing compensation and support programs for areas adjacent to electric power transmission and substation facilities.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term "transmission and substation facilities" means the electric power system for transmitting and distributing electric power, such as transmission towers, power lines and substations;
2. The term "areas adjacent to transmission and substation facilities" means the following areas: Provided, That where the boundaries of areas adjacent to transmission and substation facilities pass through a certain residential area, such as a Ri for administrative purposes under Article 4-2 (4) of the Local Autonomy Act, the Minister of Trade, Industry and Energy may determine the range of areas adjacent to transmission and substation facilities, following deliberation by the deliberative committee on support to adjacent areas under Article 6, taking into account the geographical conditions, living conditions, etc.:
(a) The term "areas adjacent to power lines" means neighborhoods of areas under overhead power lines at voltages of more than 345,000 volts; and, in cases of 765,000-volt power lines, the range of such neighborhoods means areas within 1,000 meters in every direction of both ends of a power line, and, in cases of 345,000-volt power lines, the range of such neighborhoods means areas within 700 meters in every direction of both ends of a power line;
(b) The term "areas adjacent to substations" means areas adjacent to outdoor substations at voltages of more than 345,000 volts, and, in cases of a 765,000-volt substation, the range of such areas means the areas within 850 meters in every direction of the outer boundaries, and, in cases of a 345,000-volt substation, the range of such areas means the areas within 600 meters in every direction of the outer boundaries;
3. The term "areas eligible for financial compensation" means areas located within 33 meters in every direction from both ends of a power line in cases of 765,000-volt power lines, and areas located within 13 meters in every direction from both ends of a power line in cases of 345,000-volt power lines, which are affected in the aspects of the value of property due to the construction of overhead power lines: Provided, That the foregoing shall not apply to areas where inhabitants are eligible for compensation under Article 90-2 of the Electric Utility Act and real estate under Article 5 of the State Property Act and Article 4 of the Public Property and Commodity Management Act;
4. The term "areas where residents are eligible to file claims for the purchase of houses" means areas located within 180 meters from both ends of a power line in cases of 765,000-volt power lines, and areas located within 60 meters from both ends of a power line in cases of 345,000-volt power lines, which are affected in the aspects of residence and scenery due to the construction of overhead power lines. In such cases, "house" means a house prescribed in subparagraph 1 of Article 2 of the Housing Act;
5. The term "business operators" means an electricity generation business operator and an electric power transmission business operator under Article 2 of the Electric Utility Act, and a person who owns the electric power transmission and substation facilities at voltages of more than 345,000 volts among electric installations for private use prescribed in subparagraph 19 of the aforesaid Article.
 Article 3 (Duty to Cooperate)
The State, local governments and business operators shall mutually cooperate in order to efficiently implement compensation and support programs for areas adjacent to transmission and substation facilities.
CHAPTER II CLAIMS FOR FINANCIAL COMPENSATION AND PURCHASE OF HOUSES
 Article 4 (Claims for Financial Compensation for Land)
(1) Where land owned by a landowner belongs to an area eligible for financial compensation, the landowner may file a claim for financial compensation with a business operator.
(2) A landowner and a business operator shall determine the amount of financial compensation through mutual consultation. In such cases, criteria for, the range of compensation, etc. for holding consultations shall be prescribed by Presidential Decree, based on the level of compensation under Article 90-2 of the Electric Utility Act.
(3) The period of filing a claim under paragraph (1) shall be from the date of approval of an implementation plan of an electric power source development project under Article 5 of the Electric Power Source Development Promotion Act until two years after the date of completion of the construction of the relevant project (referring to the time when the pre-use inspection under Article 63 of the Electric Utility Act is complete). In such cases, a business operator shall notify the relevant landowner of the completion of construction.
(4) Where a business operator or a landowner fails to reach an agreement under paragraph (2), he/she may file an application for adjudication with the competent Land Tribunal under Article 51 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.
(5) Except as otherwise provided for by this Act, Articles 8, 17, 63, 64, 75 and 83 through 85 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis to compensation under paragraphs (1) through (3).
 Article 5 (Claims for Purchase of Houses)
(1) Where a house owned by a homeowner belongs to an area where a resident may file a claim for the purchase of a house, the homeowner may file a claim for the purchase of the relevant house and its site (referring to land the land classification of which under Article 67 (1) of the Act on the Establishment, Management, etc. of Spatial Data is a site) with a business operator: Provided, That where a homeowner is different from the landowner, both the homeowner and the landowner shall jointly file a claim for the purchase of the relevant house and its site. <Amended by Act No. 12738, Jun. 3, 2016>
(2) Where a claim for purchase is filed under paragraph (1), a business operator shall purchase the relevant house and its site as if they are incorporated into an electric power resource development business area specified in Article 5 (3) 2 of the Electric Power Source Development Promotion Act. In such cases, where the Income Tax Act or the Corporate Tax Act is applied, the house and site purchased shall be deemed acquired by expropriation under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.
(3) The value and scope of the purchase of a house shall be determined through consultation between the homeowner and the business operator. In such cases, specific matters regarding consultation, such as the scope of a claim for the purchase of a house, houses which homeowners are eligible to file a claim for the purchase of, and standards for calculating the purchase price, shall be prescribed by Presidential Decree.
(4) Article 4 (3) through (5) shall apply mutatis mutandis to the period of filing a claim for the purchase of a house, procedures for filing an objection, and other procedures.
CHAPTER III SUPPORT TO AREAS ADJACENT TO TRANSMISSION AND SUBSTATION FACILITIES
 Article 6 (Deliberative Committee on Support to Adjacent Areas)
(1) The deliberative committee on support to adjacent areas (hereinafter referred to as the "Deliberative Committee") shall be established in the Ministry of Trade, Industry and Energy in order to deliberate on important matters concerning support to areas adjacent to transmission and substation facilities.
(2) The Deliberative Committee shall deliberate on the following:
1. A support program plan under Article 7;
2. Matters concerning the determination of the range of areas adjacent to transmission and substation facilities under the proviso to subparagraph 2 of Article 2;
3. Matters concerning the suspension of support programs for areas adjacent to transmission and substation facilities under Article 9 (3);
4. Matters concerning consultation in relation to support to areas adjacent to transmission and substation facilities and the promotion of the provision of support;
5. Other matters prescribed by Presidential Decree, which are necessary for support to areas adjacent to transmission and substation facilities.
(3) Specific matters concerning the composition, functions, operation, etc. of the Deliberative Committee shall be prescribed by Presidential Decree.
 Article 7 (Support Program plan)
(1) A business operator shall annually formulate a support program plan (hereinafter referred to as "support program plan") for areas adjacent to transmission and substation facilities after collecting opinions of residents.
(2) A business operator shall obtain approval of a support program plan from the Minister of Trade, Industry and Energy, following deliberation by the Deliberative Committee.
(3) Details of a support program plan and necessary matters concerning the procedure for formulating a support program plan shall be prescribed by Presidential Decree.
 Article 8 (Types of Support Programs)
(1) Types of support programs for areas adjacent to transmission and substation facilities shall be as follows:
1. A support program for residents: A program that directly provides support to residents, such as subsidizing a certain amount of the electric utility bill to households;
2. A welfare program for residents: A program that provides support for the construction of facilities to promote convenience and the improvement of the residential environment;
3. An income increase program: A program that provides support for enterprises and cooperatives jointly operated by residents and facilities storing and selling products made by residents in order to increase income of residents;
4. A scholarship program: A program to reserve a scholarship fund and to provide a dormitory, etc.;
5. Other programs necessary to promote the development, improvement of the environment, safety management, health of residents of areas adjacent to transmission and substation facilities and electric power resource development.
(2) Deleted. <by Act No. 14994, Oct. 31, 2017>
(3) Necessary matters concerning the details of support by type of support programs under paragraph (1), areas eligible for support programs, an implementing period, methods of providing support, etc. shall be prescribed by Presidential Decree.
 Article 9 (Implementation and Suspension of Support Programs)
(1) Any of the following persons (hereinafter referred to as "person who implements support programs") shall implement support programs, as prescribed by Presidential Decree:
1. A business operator;
2. The Special Self-governing Province Governor, the Special Self-governing City Mayor or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu) having jurisdiction over areas adjacent to transmission and substation facilities;
(2) A business operator shall implement support programs from the date he/she obtains approval of a support program plan from the Minister of Trade, Industry and Energy.
(3) Where it is deemed that a business operator does not have to continue support programs because the operation of transmission and substation facilities has been suspended for at least three years, the Minister of Trade, Industry and Energy may require the business operator to suspend the relevant support programs, following deliberation by the Deliberative Committee.
 Article 10 (Determination of Financial Resources and Financial Support)
(1) A business operator shall bear expenses incurred in implementing support programs: Provided, That where a business operator who owns and operates an transmission and substation facility is different from the business operator who uses such transmission and substation facility, the business operator who uses the transmission and substation facility shall bear expenses incurred in implementing support programs for areas adjacent to the relevant transmission and substation facility.
(2) Where it is difficult to guarantee the stability and continuity of support programs with a business operator's funds only, the business operator may bear some of expenses incurred in implementing support programs with the Electric Power Industry Infrastructure Fund (hereinafter in this Article referred to as the "Fund") under Article 48 of the Electric Utility Act, as prescribed by Presidential Decree.
(3) Criteria for determining the amount to be provided (hereinafter referred to as "financial support") for support programs from a business operator's funds or the Fund pursuant to paragraphs (1) and (2) shall be prescribed by Presidential Decree based on the characteristics of transmission and substation facilities and the areas adjacent thereto.
 Article 11 (Management and Withdrawal of Financial Support)
(1) A person who implements support programs shall manage financial support separate from other funds.
(2) Where support programs are suspended pursuant to Article 9 (3), the Minister of Trade, Industry and Energy or a business operator may withdraw financial support yet to be implemented among financial support already provided or may choose not to provide the amount equivalent to financial support yet to be implemented where support programs are resumed.
(3) Where a person who implements support programs under Article 9 (1) 2 fails to provide the relevant financial support within the relevant fiscal year, the Minister of Trade, Industry and Energy or a business operator may withdraw the relevant financial support.
(4) A person who implements support programs shall carry interest accruing on the management of financial support under paragraph (1) forward to the next year after the closing of accounts in each fiscal year and use such interest in the next year.
(5) Specific matters concerning the procedure for managing and withdrawing financial support under paragraphs (1) through (4) shall be prescribed by Presidential Decree.
CHAPTER IV SUPPLEMENTARY PROVISIONS
 Article 12 (Annual Report)
A person who implements support programs shall annually prepare an annual report on support programs and submit the annual report to the Minister of Trade, Industry and Energy by February 10 of the next year.
 Article 13 (Reporting, Examination, etc.)
Where necessary for the enforcement of this Act, the Minister of Trade, Industry and Energy may require a person who implements support programs to file a report or to submit data, and require public officials under his/her jurisdiction to examine the affairs concerning support programs.
 Article 14 (Administrative Fines)
(1) Where a person who implements support programs falls under any of the following, the person shall be punished by an administrative fine not exceeding five million won:
1. Where the person fails to file a report under Article 13 or files a false report;
2. Where the person fails to submit data under Article 13 or submits false data;
3. Where the person refuses, interferes with or avoids an examination under Article 13.
(2) The Minister of Trade, Industry and Energy shall impose and collect administrative fines under paragraph (1), as prescribed by Presidential Decree.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Financial Compensation and Claims for Purchase of Houses)
Financial compensation under Article 4 and claims for the purchase of houses under Article 5 shall also apply to areas eligible for financial compensation and areas where residents are eligible to file claims for the purchase of houses, in which cases two years have not passed after pre-use inspection under Article 63 of the Electric Utility Act was complete at the time this Act is promulgated, for one year after this Act enters into force.
ADDENDA <Act No. 12738, Jun. 3, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted).
Articles 2 and 3 Omitted.
ADDENDA <Act No. 14994, Oct. 31, 2017>
This Act shall enter into force on the date of its promulgation.