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

Presidential Decree No. 25512, Jul. 28, 2014

Amended by Presidential Decree No. 26302, jun. 1, 2015

Presidential Decree No. 27093, Apr. 12, 2016

Presidential Decree No. 27444, Aug. 11, 2016

Presidential Decree No. 27471, Aug. 31, 2016

Presidential Decree No. 28471, Dec. 12, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated from the Act on the Compensation and Support for Areas Adjacent to Transmission and Substation facilities and matters necessary for the enforcement of said Act.
 Article 2 (Range of Areas, etc. Adjacent to Transmission and Substation Facilities)
(1) The range of areas, etc. adjacent to transmission and substation facilities under subparagraphs 2 through 4 of Article 2 of the Act on the Compensation and Support for Areas Adjacent to Transmission and Substation Facilities (hereinafter referred to as the "Act") shall be based on the straight line distance on the ground plan of a map defined in subparagraph 10 of Article 2 of the Act on the Establishment, Management, etc. of Spatial Data. <Amended by Presidential Decree No. 26302, Jun. 1, 2015>
(2) Where the Minister of Trade, Industry and Energy determines the range of areas adjacent to transmission and substation facilities pursuant to the proviso to subparagraph 2 of Article 2 of the Act, he/she shall comprehensively consider the following circumstances and conditions:
1. Living conditions: A residential area located outside the boundaries of the areas adjacent to transmission and substation facilities shall form a community, such as a village, together with a residential area located inside the boundaries thereof;
2. Geographical conditions: Where there is a road or river running across the community under subparagraph 1, a residential area located outside the boundaries of the areas adjacent to transmission and substation facilities shall be located between such road or river and the boundaries of the areas adjacent to transmission and substation facilities;
3. Administrative conditions: A residential area located outside the boundaries of the areas adjacent to transmission and substation facilities and a residential area located inside the boundaries thereof shall belong to the same Ri or Tong (hereinafter referred to as "basic administrative region").
(3) Where a business operator deems it necessary to implement support programs (hereinafter referred to as "support programs") for areas adjacent to transmission and substation facilities under Article 8 (1) of the Act, he/she may request the Minister of Trade, Industry and Energy to determine the range of areas adjacent to transmission and substation facilities pursuant to the proviso to subparagraph 2 of Article 2 of the Act.
(4) Residents living outside the boundaries of the areas adjacent to transmission and substation facilities may submit their opinion on the determination of the range of areas adjacent to transmission and substation facilities under subparagraph 2 of Article 2 of the Act to the Minister of Trade, Industry and Energy via a business operator.
CHAPTER II FORMULATION OF COMPENSATION PLAN AND CONSULTATION PROCEDURES
 Article 3 (Formulation of Compensation Plan)
(1) A business operator shall formulate a plan for consultation on the amount of financial compensation under Article 4 (2) of the Act and consultation on the purchase of houses under Article 5 (3) of the Act (hereinafter referred to as "compensation plan").
(2) A compensation plan shall include the following:
1. Name (in cases of a corporation, the name of the corporation and the name of its representative) and address of the business operator;
2. Type, name and legal basis of the business;
3. Period and planned area of the business;
4. Purpose of the business;
5. Period and methods of and procedures for filing a claim for financial compensation and the purchase of houses.
(3) The following documents shall be attached to a compensation plan:
1. A topographic map (referring to the topographic map drawn on a scale from 1: 1,200 to 1: 2,400): All the following matters shall be indicated on the ground plan:
(a) Boundary lines three meters from both ends of a power line;
(b) Boundary lines of areas eligible for financial compensation;
(c) Boundary lines of areas where residents are eligible to file claims for the purchase of houses;
2. Detailed statement of land: All the following matters shall be included therein:
(a) Location, lot number, land category and total area of land;
(b) Area included in areas eligible for financial compensation;
(c) Status of the practical use of land;
(d) Name (in cases of a corporation, the name of the corporation and the name of its representative) and address of the landowner;
(e) Date of preparation;
3. Detailed statement of a house: All the following matters shall be included therein:
(a) Location, lot number, land category and plottage;
(b) Status of the practical use of the house;
(c) Type, structure, standards, number, floor area and total floor area of the house;
(d) Name (in cases of a corporation, the name of the corporation and the name of its representative) and address of the homeowner (where a landowner of the house is different from a building owner thereof, including the landowner; hereinafter the same shall apply);
(e) Name (in cases of a corporation, the name of the corporation and the name of its representative) and address of a person who has rights other than the ownership of the house, and types and details of such rights;
(f) Date of preparation.
 Article 4 (Finalizing, Publicly Announcing, etc. Compensation Plan)
(1) Where a business operator formulates a compensation plan for areas eligible for financial compensation and areas where residents are eligible to file claims for the purchase of houses pursuant to Article 3, he/she shall publicly announce the details of such compensation plan on a daily newspaper distributed nationwide within three months from the date the first approval, etc. is granted (hereinafter referred to as "date of completion of approval, etc.") among the following approval, designation, authorization or permission (hereinafter referred to as "approval, etc.") concerning the construction of overhead power lines: Provided, That where the total number of landowners in the areas eligible for financial compensation and homeowners in the areas where residents are eligible to file claims for the purchase of houses (hereinafter referred to as "landowner, etc.") is not more than 20, the business operator may omit a public announcement:
1. Approval for an execution plan for an electric power source development business under Article 5 of the Electric Power Source Development Promotion Act;
2. Designation of an implementer of an urban/Gun planning facility project under Article 86 of the National Land Planning and Utilization Act;
3. Authorization of an implementation plan of an urban/Gun planning facility project under Article 88 of the National Land Planning and Utilization Act;
4. Approval of an implementation plan for general industrial complex development under Article 18 of the Industrial Sites and Development Act;
5. Approval for an implementation plan for a housing site development project under Article 9 of the Housing Site Development Promotion Act;
6. Other approval, etc. under other statutes for the construction of overhead power lines.
(2) A business operator shall notify the following persons of an application for financial compensation or an application for filing a claim for the purchase of a house (limited to persons under subparagraphs 1 and 2), and the details of a compensation plan prescribed by Ordinance of the Ministry of Trade, industry and Energy in writing within three months from the date of completion of approval, etc.: Provided, That where the business operator is unable to identify the following persons or their addresses, domiciles or places where he/she gives notification are unknown, he/she makes a public announcement under paragraph (1) in lieu of notification:
1. Landowners in the areas eligible for financial compensation;
2. Homeowners in the areas where residents are eligible to file claims for the purchase of houses;
3. Persons who have rights other than the ownership of a house and its site.
(3) Where a business operator makes a public announcement pursuant to the main sentence of paragraph (1), he/she shall allow the general public to peruse the details of the compensation plan for at least 14 days from the date he/she makes the public announcement. In such cases, the business operator may send publicly announced documents to the Special Self-governing City Mayor, the head of a Si (including the head of an administrative Si; hereinafter the same shall apply)/Gun/Gu (including the head of a Gu other than an autonomous Gu; hereinafter the same shall apply) having jurisdiction over the areas eligible for financial compensation or the areas where residents are eligible to file claims for the purchase of houses so that the general public may peruse the documents in the relevant Special Self-governing City, Si (including an administrative Si; hereinafter the same shall apply)/Gun/Gu (including a Gu other than an autonomous Gu; hereinafter the same shall apply).
(4) Landowners, etc. (including persons under paragraph (2) 3) may file an objection to a compensation plan with a business operator in writing within the period of perusal under paragraph (3).
(5) A business operator shall append an objection raised pursuant to paragraph (4) to a detailed statement of land and a detailed statement of a house; and where he/she deems such objection reasonable, he/she shall take appropriate measures, such as the modification of the compensation plan.
(6) A business operator shall finalize a compensation plan after following procedures under paragraphs (1) through (5). In such cases, the business operator shall submit the finalized compensation plan to the Minister of Trade, Industry and Energy before six months elapse from the date of completion of approval, etc.
(7) The Minister of Trade, Industry and Energy shall immediately announce the compensation plan submitted pursuant to paragraph (6) on the Official Gazette.
(8) Where the details of approval, etc. are altered, a business operator shall follow procedures under paragraphs (1) through (5) again: Provided, That the foregoing shall not apply to the alteration of minor matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
 Article 5 (Procedures for Consultation on Compensation and Methods of Filing Claims for Compensation)
(1) Where a business operator intends to hold consultations on the amount of compensation under Article 4 (2) of the Act or consultation on the purchase of houses under Article 5 (3) of the Act, the business operator shall send a written request for consultation on compensation, stating the following, to landowners, etc.: Provided, That where landowners, etc. are unknown or their addresses, domiciles or other places where he/she gives notification are unknown, he/she may make a public announcement in lieu of notification:
1. Period, place and method of consultation;
2. Period, method, amount of and procedures for compensation;
3. A list of documents required to enter into a contract.
(2) A business operator shall make a public announcement under the proviso to paragraph (1) by sending documents to be publicly announced to the Special Self-governing City Mayor or the head of a Si/Gun/Gu having jurisdiction over the locations of the areas eligible for financial compensation or the areas where residents are eligible to file claims for the purchase of houses and by posting such documents on the bulletin board of the relevant Special Self-governing City or Si/Gun/Gu for at least 14 days.
(3) Except in extenuating circumstances, the period of consultation under paragraph (1) 1 shall be at least 30 days.
(4) A contract to be prepared after reaching an agreement on the amount of financial compensation or the purchase of a house shall include matters concerning the termination or modification of a contract and matters concerning the withdrawal of the amount of compensation following the termination or modification thereof.
(5) Where a business operator fails to reach an agreement within the period of consultation under paragraph (1) 1, the business operator shall mention the following in a report on land, report on a house (applicable to consultation on the purchase of the house) and report on consultation prescribed by Ordinance of the Ministry of Trade, Industry and Energy, and obtain the seal or signature of the landowner, etc.:
1. Time and date, place and methods of consultation;
2. Location, lot number, land category and area of land eligible for consultation, and types, structure and number of objects, such as a house on the land;
3. Name (in cases of a corporation, the name of the corporation and the name of its representative) and address of the landowner, etc.;
4. Details of specific assertions of the landowner, etc. and a business operator's opinion on such assertions;
5. Other matters related to consultation.
(6) Notwithstanding paragraph (5), in any of the following cases, a business operator may choose not to obtain the seal or signature of the landowner, etc. In such cases, the business operator shall mention reasons therefor in the relevant report on consultation:
1. Where the landowner, etc. refuses to affix his/her seal or signature without justifiable reasons;
2. Where the landowners, etc. is unknown;
3. Where the address, domicile or other place where the business operator gives notification is unknown.
 Article 6 (Application for Issuance of Documents)
Where a business operator files an application for issuance of necessary documents with the State or a local government pursuant to Article 8 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects applied mutatis mutandis pursuant to Articles 4 (5) and 5 (4) of the Act, the business operator shall submit an application stating the following:
1. Name (in cases of a corporation, the name of the corporation and the name of its representative) and address of the business operator:
2. Type and name of the compensation plan;
3. Land eligible for compensation or the house eligible for purchase;
4. Types and the number of documents required to be issued;
5. Use of the documents.
CHAPTER III CALCULATION OF AMOUNT OF FINANCIAL COMPENSATION AND CLAIMS FOR PURCHASE OF HOUSES
 Article 7 (Criteria, etc. for Financial Compensation)
(1) Criteria for compensation to calculate the amount of financial compensation under Article 4 (2) of the Act (hereinafter referred to as "amount of compensation") shall be determined based on the following to the extent not exceeding the level of compensation under Article 90-2 of the Electric Utility Act:
1. Level of effect on property due to the construction of overhead power lines;
2. Value of land appraised by at least two appraisers. In such cases, the assessed value shall be based on the point in time an agreement is reached.
(2) In addition to matters provided for in paragraph (1), necessary matters concerning the procedure for assessing land to calculate the amount of compensation, standards for calculating the amount thereof, and methods of selecting appraisers shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
 Article 8 (Period of Filing Claims for Financial Compensation)
The date of completion of construction of the relevant project under the former part of Article 4 (3) of the Act shall be the following dates:
1. In cases of construction subject to pre-use inspection under Article 63 of the Electric Utility Act: The date the whole construction project is complete;
2. In case of construction other than subparagraph 1: The date the completion inspection is complete.
 Article 9 (Areas Where Residents are Eligible to File Claims for Purchase of Houses)
Cases where a resident is able to file a claim for the purchase of a house and its site pursuant to the main sentence of Article 5 (1) of the Act shall be any of the following cases: <Amended by Presidential Decree No. 27444, Aug. 11, 2016>
1. Where the housing (limited to detached housing; hereinafter referred to as "detached housing") under subparagraph 1 of Article 2 of the Housing Act is wholly or partially included in the area where residents are eligible to file claims for the purchase of houses;
2. Where part of the site of the detached housing is included in the area where residents are eligible to file claims for the purchase of houses, in which case the relevant detached housing is included in the area that meets the area calculated in accordance with the following formula within the distance calculated in accordance with the method determined and announced by the Minister of Trade, Industry and Energy in consideration of the width between the boundary line of the area where residents are eligible to file claim for the purchase of houses and the boundary line of the area where residents are eligible to file claim for the purchase of houses abutting the site of the detached housing:
Floor area of the detached housing x multiple classified as follows:
(a) Land within urban areas under subparagraph 1 of Article 6 of the National Land Planning and Utilization Act: Five times;
(b) Land other than item (a): Ten times.
3. Where the area for exclusive use of multi-family housing (limited to multi-family housing for residential purpose; hereinafter referred to as "multi-family housing") under subparagraph 3 of Article 2 of the Housing Act is wholly or partially included in the area where residents are eligible to file claims for the purchase of houses.
 Article 10 (Objects Which Residents Are Eligible to File Claims for Purchase of House)
(1) Objects which residents are eligible to file claims for the purchase of house pursuant to Article 5 (1) of the Act shall be as follows:
1. Houses fully meeting the following requirements:
(a) They shall be detached housing or multi-family housing (where the area for exclusive use of multi-family housing is wholly or partially included in the area where residents are eligible to file claims for the purchase of houses, limited to the multi-family housing included therein);
(b) A building permit or building report under Articles 11 and 14 of the Building Act shall have been completed at the time of the completion of approval, etc.;
2. A site and attached land which are deemed as a living space according to social norms because they comprise a single economic entity with a house under subparagraph 1. In such cases, where the boundary between the site and the attached land is unclear, the land shall be within the area calculated by applying the formula under subparagraph 2 of Article 9;
3. A building (excluding a temporary building, such as a container) built on the site and attached land under subparagraph 2;
4. A house and an artificial structure (limited to the artificial structure that cannot be moved) built on the site and the attached land of the house;
5. Other buildings constructed without permission for residential purposes meeting standards prescribed by Ordinance of the Ministry of Trade, Industry and Energy, which belong to the area where residents are eligible to file claims for the purchase of houses.
(2) Notwithstanding the latter part of paragraph (1) 2, where a business operator and a landowner reach an agreement in consideration of the decreased level of the utilization value of the entire land and economic efficiency due to the subdivision of land, the whole of the site and attached land may be eligible for purchase.
(3) Where a business operator purchases a house and its site pursuant to the former part of Article 5 (2) of the Act, expenses incurred in moving and expenses incurred in relocating movable property may be paid, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
(4) Where the Income Tax Act or the Corporate Tax Act is applied to houses and their sites purchased pursuant to the latter part of Article 5 (2) of the Act, the date of announcement on the Official Gazette under Article 4 (7) shall be deemed the date of announcement of the authorization of business under Article 22 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.
 Article 11 (Standards for Calculating Amount of Purchase Price of House)
(1) The value of purchase of a house under Article 5 (3) of the Act shall be based on the officially announced price of reference land under Article 3 of the Act on the Public Announcement of Real Estate Values. In such cases, the following shall be considered, but the status of the temporary use of the house, the subjective value which the homeowner has and individual uses of the homeowner shall not be considered: <Amended by Presidential Decree No. 27471, Aug. 31, 2016>
1. A plan for using the relevant house under relevant statutes from the basic date of official announcement of the officially announced price of reference land to the point in time the agreement on the purchase of the house is reached;
2. Fluctuation rate of land prices in the areas not affected by the land prices due to the construction of the relevant overhead power lines;
3. Producer price inflation rate (referring to the percentage calculated in accordance with the producer price index examined and published by the Bank of Korea pursuant to Article 86 of the Bank of Korea Act);
4. The value of a house appraised by at least two appraisers. In such cases, the appraised value shall be based on the point in time when agreement is reached;
5. Location, shape, environment and the status of the use of the relevant house.
(2) The officially announced price of reference land under paragraph (1) shall be that which is officially announced at the point in time closest to the date of completion of approval, etc. among the officially announced prices of reference land officially announced at the time an agreement on the purchase of the house is reached, which regards the point in time before the date of completion of approval, etc. as the basic date of the official announcement thereof.
(3) Notwithstanding paragraph (2), where the price of the house which the homeowner is eligible to file a claim for the purchase of is deemed changed due to the public announcement, etc. of projects (hereinafter in this paragraph referred to as "public announcement of projects") under the subparagraphs of Article 4 (1) before the date of completion of approval, etc., the officially announced price of reference land, the basic date of the official announcement of which is the point in time before the public announcement of projects, may be regarded as the officially announced price of reference land officially announced at the point in time closest to the point in time when the public announcement of the relevant projects is made among the officially announced prices of reference land officially announced at the time an agreement on the purchase of the house is reached.
(4) Articles 37 and 38 of the Enforcement Decree of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis to the fluctuation rate of land prices under paragraph (1) 2 and the status of the temporary use of the house under the latter part of paragraph (1).
(5) Where a claim for the purchase of a house is filed in an area eligible for financial compensation and an area where compensation under Article 90-2 of the Electric Utility Act is paid, a business operator may deduct the amount of compensation under Article 7 and the amount of compensation under Article 90-2 of the Electric Utility Act from the purchase price of the house calculated pursuant to paragraphs (1) through (4).
(6) In addition to matters provided for in paragraphs (1) through (5), matters necessary for calculating and assessing the purchase price of a house shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy based on the cost of investment, the expected return, the transaction price, etc.
CHAPTER IV COMPOSITION AND OPERATION OF DELIBERATIVE COMMITTEE ON SUPPORT TO ADJACENT AREAS
 Article 12 (Composition of Deliberative Committee on Support to Adjacent Areas)
(1) The deliberative committee on support to adjacent areas under Article 6 (1) of the Act (hereinafter referred to as the "Deliberative Committee") shall be comprised of not less than ten members including one chairperson.
(2) The following persons shall serve as members of the Deliberative Committee:
1. Not more than four persons recommended by the heads of central administrative agencies and appointed by the Minister of Trade, Industry and Energy from among public officials in general service belonging to the Senior Executive Service of the relevant central administrative agencies related to support programs;
2. Persons commissioned by the Minister of Trade, Industry and Energy from among the following persons:
(a) Not more than five executives and employees of a business operator or an organization representing the relevant business operator;
(b) Not more than six persons who have extensive knowledge of and experience in regional development and conflict management or who are recommended by a civic group (referring to a non-profit, non-governmental organization defined in Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act).
(3) The Minister of Trade, Industry and Energy shall appoint a person who has extensive knowledge and experience as the chairperson from among members of the Deliberative Committee under paragraph (2) 2 (b).
(4) The term of office of members under paragraph (2) 2 shall be two years.
 Article 13 (Functions of Deliberative Committee)
"Matters prescribed by Presidential Decree" in Article 6 (2) 5 of the Act means the following matters:
1. Matters concerning the withdrawal of financial support under Article 11 (2) and (3) of the Act;
2. Matters concerning the reporting of the closing of accounts of support programs under Article 12 of the Act;
3. Other matters referred to the Deliberative Committee by the chairperson because he/she deems such matters necessary concerning support programs.
 Article 14 (Duties of Chairperson of Deliberative Committee)
(1) The chairperson shall represent the Deliberative Committee and preside over affairs of the Deliberative Committee.
(2) Where the chairperson is unable to perform his/her duties due to extenuating circumstances, a member of the Deliberative Committee appointed by the chairperson in advance shall perform the duties of the chairperson on his/her behalf.
 Article 15 (Meetings of Deliberative Committee)
(1) The chairperson shall convene meetings of the Deliberative Committee and preside over the meetings thereof.
(2) Where necessary for support programs, a business operator (referring to the business operator other than a person who implements support programs under Article 9 (1) of the Act) or a person who implements support programs under Article 9 (1) of the Act (hereinafter referred to as "person who implements support programs") may request the chairperson to convene meetings of the Deliberative Committee.
(3) The Deliberative Committee shall hold meetings when a majority of the incumbent members including the chairperson are in attendance, and resolutions require the concurring votes of the majority of members present.
(4) Where necessary, the Deliberative Committee may attain opinions of relevant experts.
 Article 16 (Administrative Secretary of Deliberative Committee)
The Deliberative Committee shall have two administrative secretaries to conduct its affairs, and the following persons shall serve as administrative secretaries:
1. One person appointed by the Minister of Trade, Industry and Energy from among public officials belonging to the Ministry of Trade, Industry and Energy;
2. One person commissioned by the Minister of Trade, Industry and Energy from among persons recommended by business operators.
 Article 17 (Allowances, etc. of Deliberative Committee)
The Deliberative Committee may pay an allowance, travel expenses and other necessary expenses to members who attend its meetings and relevant experts who attend and speak at its meetings: Provided, That where a public official attends its meeting in direct relation to his/her business, it shall not pay an allowance, travel expenses and other necessary expenses to him/her.
 Article 18 (Detailed Rules Governing Operation of Deliberative Committee)
Except as otherwise provided by this Decree, the chairperson shall prescribe matters necessary to operate the Deliberative Committee, following resolutions adopted by the Deliberative Committee.
CHAPTER V SUPPORT PROGRAMS FOR AREAS ADJACENT TO TRANSMISSION AND SUBSTATION FACILITIES
 Article 19 (Formulating Support Program Plans)
(1) The Minister of Trade, Industry and Energy shall annually prepare guidelines for formulating a support program plan (hereinafter referred to as "support program plan") for areas adjacent to transmission and substation facilities under Article 7 (1) of the Act (hereinafter referred to as "guidelines for formulating a support program plan") and notify a business operator of the guidelines for formulating a support program plan by no later than six months before the next fiscal year commences.
(2) A business operator shall prepare a support program plan including the following in accordance with the guidelines for formulating a support program plan:
1. Purpose and outline of support programs;
2. Implementing Period of support programs;
3. Investment plans by type of support programs and areas eligible for support programs;
4. Plans for using funds on a quarterly basis;
5. Other matters which require the long-term perspective and implementation, the necessity of which has been recognized in the process of collecting opinions of residents of areas adjacent to transmission and substation facilities.
(3) A business operator shall hold a briefing on a support program plan under paragraph (2) to collect opinions of residents under Article 7 (1) of the Act: Provided, That where the business operator fails to hold the briefing due to extenuating circumstances prescribed by Ordinance of the Ministry of Trade, Industry and Energy, he/she may request a person elected with a majority of votes of residents of the area adjacent to transmission and substation facilities (hereinafter referred to as "representative of residents") in a basic administrative region to submit his/her opinion in writing.
(4) Residents of the area adjacent to transmission and substation facilities or the representative of such residents may submit their or his/her opinion on a support program plan under paragraph (2), as prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
(5) A business operator shall finalize a support program plan and request the Deliberative Committee to deliberate on the support program plan by no later than two months before the next fiscal year commences.
(6) Where a business operator intends to modify a support program plan, he/she shall follow the procedure for collecting opinions under paragraph (3) on matters to be modified: Provided, That the foregoing shall not apply to the modification of minor matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy, such as a partial adjustment of the period of implementation of support programs.
 Article 20 (Details of Support by Type of Support Programs)
The details of support by type of support programs shall be as specified in attached Table 1.
 Article 21 (Areas Eligible for Support Programs)
Areas eligible for support programs shall be areas adjacent to transmission and substation facilities in a basic administrative region.
 Article 22 (Methods of Support Programs)
(1) A support program for residents under Article 8 (1) 1 of the Act (hereinafter referred to as "support program for residents") shall be implemented within 50/100 of the total amount of financial support for each area calculated pursuant to Article 25.
(2) A support program for residents shall be equally provided to each household in a basic administrative region in areas adjacent to transmission and substation facilities.
 Article 23 (Methods of Implementing Support Programs)
A person who implements support programs may partially entrust the implementation of support programs (excluding a support program for residents) to any of the following persons:
1. The representative of residents of a basic administrative region;
2. A social cooperative defined in subparagraph 3 of Article 2 of the Framework Act on Cooperatives or a social enterprise (limited to the social cooperative or social enterprise comprised of residents of areas adjacent to transmission and substation facilities) under subparagraph 1 of Article 2 of the Social Enterprise Promotion Act.
 Article 24 (Use of Electric Power Industry Fund)
(1) Cases where the Minister of Trade, Industry and Energy may bear expenses incurred in implementing support programs from the Electric Power Industry Fund under Article 48 of the Electric Utility Act (hereinafter referred to as the "Fund") pursuant to Article 10 (2) of the Act shall be as follows:
1. Where a business operator is insolvent, closes his/her business or is bankrupt;
2. Where it is difficult to guarantee the stability and continuity of support programs with only financial resources of a business operator due to financial difficulties corresponding to subparagraph 1.
(2) Where a business operator intends to require the Fund to bear some of expenses incurred in implementing support programs pursuant to Article 10 (2) of the Act, the business operator shall annually file an application for the use of the Fund with the Minister of Trade, Industry and Energy after specifying the following:
1. Details of support programs;
2. Amount of money to be borne by the Fund;
3. Inevitability of the use of the Fund.
 Article 25 (Criteria for Determining Financial Support)
(1) The amount of financial support (hereinafter referred to as "financial support") provided for support programs from the financial resources of a business operator or the Fund pursuant to Article 10 (1) and (2) of the Act shall be classified as follows:
1. Financial support provided by each business operator: Total amount of financial support provided by each business operator to areas adjacent to transmission and substation facilities;
2. Financial support provided to each area: Amount allocated to the basic administrative region of the relevant area adjacent to transmission and substation facilities from the total amount of financial support provided by each business operator;
(2) Detailed criteria for determining financial support provided by each business operator under paragraph (1) 1 (hereinafter referred to as "financial support provided by each business operator") and financial support to each area under paragraph (1) 2 (hereinafter referred to as "financial support to each area") shall be as specified in attached Table 2.
[This Article Wholly Amended by Presidential Decree No. 27093, Apr. 12, 2016]
 Article 26 (Management of Financial Support)
(1) A person who implements support programs shall manage financial support divided by a basic administrative region of areas adjacent to transmission and substation facilities.
(2) Where financial support borne by financial resources of a business operator (hereinafter referred to as "financial support provided by the business operator") pursuant to the main sentence of Article 10 (1) of the Act falls under any of the following cases, the business operator may require a person who implements support programs to use financial support provided by the business operator of the relevant year in the next year:
1. Where the person who implements support programs is unable to complete support programs within the relevant year due to a natural disaster;
2. Where it is necessary to implement support programs which require the long-term perspective and implementation under Article 19 (2) 5;
3. Where the business operator deems that it is difficult to implement support programs (excluding a support program for residents) with financial support provided by the business operator (excluding financial support for a support program for residents) of the relevant year based on the range or geographical conditions of areas adjacent to transmission and substation facilities;
4. Where the residual balance arises after the use of financial support provided by the business operator of the relevant year due to the reduction of financial support provided by the business operator through the efforts of the person who implements support programs or residents.
(3) Where the residual balance arises (excluding cases falling under the subparagraphs of paragraph (2)) after a person who implements support programs (excluding a business operator who is the person who implements support programs, but including a person entrusted with implementing support programs pursuant to Article 23) has used financial support provided by a business operator, the business operator may provide financial support after deducting the amount equivalent to the residual balance in the next year.
 Article 27 (Procedures for Withdrawing Financial Support)
Where the Minister of Trade, Industry and Energy or a business operator withdraws financial support pursuant to Article 11 (2) or (3) of the Act, he/she shall withdraw financial support, following deliberation by the Deliberative Committee.
 Article 28 (Acquisition and Management of Structures)
(1) Structures built for implementing support programs by a person who implements support programs under Article 9 (1) 2 of the Act shall be acquired and managed, as prescribed by municipal ordinance of a local government having jurisdiction over the relevant area.
(2) A structure acquired with financial support shall bear a sign indicating that such structure was acquired by funds for support programs.
 Article 29 (Submission of Result of Implementation of Support Programs)
A person who implements support programs shall annually prepare the result of the implementation of support programs and submit the result thereof to the Minister of Trade, Industry and Energy along with an annual report under Article 12 of the Act by February 10 of the next year.
CHAPTER VI SUPPLEMENTARY PROVISIONS
 Article 30 (Handling of Personally Identifiable Information)
Where inevitable to conduct the following affairs, a business operator and a person who implements support programs (excluding a business operator who is the person who implements support programs) may handle data including resident registration numbers under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, driver's license numbers under subparagraph 3 of the aforesaid Article or foreigner registration numbers under subparagraph 4 of the aforesaid Article:
1. Affairs concerning financial compensation under Article 4 of the Act;
2. Affairs concerning the purchase of houses under Article 5 of the Act;
3. Affairs concerning support programs for adjacent areas under Article 8 of the Act.
 Article 31 Deleted <by Presidential Decree No. 28471, Dec. 12, 2017>
 Article 32 (Criteria for Imposing Administrative Fines)
Criteria for imposing administrative fines under Article 14 (1) of the Act shall be as specified in attached Table 3.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on July 29, 2014.
Article 2 (Special Cases concerning Public Announcement, etc. of Compensation Plan)
Notwithstanding Article 4, where overhead power lines are being constructed at the time this Decree enters into force or two years have not passed from the date construction works under the subparagraphs of Article 2 or the completion inspection thereof was complete, a business operator shall complete the procedures under Article 4 within six months after this Decree enters into force.
Article 3 (Special Cases concerning Determination of Financial Support)
Notwithstanding Article 25 and subparagraph 3 (a) of attached Table 2, financial support provided from July 29 to December 31, 2014, which is financial support for areas adjacent to transmission and substation facilities being used at the time this Decree enters into force, shall be included in financial support provided by each business operator for 2015.
ADDENDA <Presidential Decree No. 26302, Jun. 1, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 4, 2015.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27093, Apr. 12, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Calculation of Financial Support Provided by Each Business Operator)
Notwithstanding the amended provisions of subparagraph 1 (b) i) and ii) of attached Table 2, the former provisions thereof shall apply to financial support provided by each business operator in 2016.
ADDENDA <Presidential Decree No. 27444, Aug. 11, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 12, 2016.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 27471, Aug. 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2016.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 28471, Dec. 12, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2018.
Article 2 Omitted.