ENERGY ACT
Act No. 9931, Jan. 13, 2010
Amended by Act No. 10352, jun. 8, 2010
Act No. 10445, Mar. 9, 2011
Act No. 10911, Jul. 25, 2011
Act No. 11690, Mar. 23, 2013
Act No. 11713, Mar. 23, 2013
Act No. 11965, Jul. 30, 2013
Act No. 12931, Dec. 30, 2014
Act No. 14079, Mar. 22, 2016
Act No. 15344, Jan. 16, 2018
Act No. 16478, Aug. 20, 2019
Act No. 16859, Dec. 31, 2019
The purpose of this Act is to contribute to the sustainable development of the national economy and enhancement of the welfare of citizens by providing for basic matters concerning the formulation and implementation of energy policies and energy-related plans to realize a stable, efficient, and environmentally friendly energy supply and demand structure.
[This Article Wholly Amended by Act No. 10352, Jun. 8, 2010]
The terms used in this Act shall be defined as follows: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11965, Jul. 30, 2013; Act No. 12931, Dec. 30, 2014; Act No. 16478, Aug. 20, 2019>
| 1. | The term "energy" means fuel, heat, and electricity; |
| 2. | The term "fuel" means petroleum, gas, coal, and other heat sources: Provided, That those used as raw materials of products shall be excluded; |
| 4. | The term "energy-using facility" means any facility using energy in a factory, business site, etc. or facility using converted energy; |
| 5. | The term "energy user" means an owner or manager of an energy-using facility; |
| 6. | The term "energy-supplying facility" means any facility installed to produce, convert, transport, or store energy; |
| 7. | The term "energy supplier" means any business operator producing, importing, converting, transporting, storing, or selling energy; |
| 7-2. | The term "energy voucher" means a certificate in which a specific amount is indicated (including records by electronic or magnetic means) so that a person from a vulnerable class in energy use, such as low-income class, can present it to an energy supplier for the supply of energy necessary for heating, cooling, and the like; |
| 8. | The term "energy-using apparatus or material" means any heat-using apparatus or material as well as other energy-using apparatus or material; |
| 9. | The term "heat-using apparatus or material" means any fuel, heat-using equipment, thermal storage type electric equipment, or insulation material, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy; |
[This Article Wholly Amended by Act No. 10352, Jun. 8, 2010]
| Article 3 Deleted. <by Act No. 9931, Jan. 13, 2010> |
| Article 4 (Responsibilities of the State) |
| (1) | The State shall formulate and execute comprehensive policies to attain the purpose of this Act. |
| (2) | Each local government shall formulate and execute regional energy policies, taking into account the purpose of this Act, national energy policies and measures, and regional characteristics. In such cases, matters necessary for formulating and executing regional energy policies may be prescribed by ordinances of relevant local governments. |
| (3) | Each energy supplier and energy user shall actively participate and cooperate in executing the energy policies of the State and local governments and endeavor to maximize safety, efficiency, and environment-friendliness in the production, conversion, transportation, storage, use, etc. of energy. |
| (4) | Every citizen shall actively participate and cooperate in the energy policies executed by the State and local governments and endeavor to use energy in a rational and environmentally friendly manner in their daily lives. |
| (5) | The State, local governments, and energy suppliers shall contribute to the universal supply of energy to every citizen, including the poor. |
[This Article Wholly Amended by Act No. 10352, Jun. 8, 2010]
| Article 5 (Scope of Application) |
The enactment or amendments of statutes and regulations governing energy shall comply with the purpose of this Act and the basic principles described in Article 39 of the Framework Act on Low Carbon, Green Growth: Provided, That research on, and the development, production, use, and safety control of atomic energy shall be governed by the Nuclear Energy Act, the Nuclear Safety Act, and other relevant statutes. <Amended by Act. No. 10911, Jul. 25, 2011> [This Article Wholly Amended by Act No. 10352, Jun. 8, 2010]
| Article 6 Deleted. <by Act No. 9931, Jan. 13, 2010> |
| Article 7 (Formulation of Local Plans for Energy) |
| (1) | In order to ensure efficient achievement of the objectives prescribed in the master plan for energy under Article 41 of the Framework Act on Low Carbon, Green Growth (hereinafter referred to as "master plan") and development of the regional economy, a Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Self-Governing City Mayor, Do Governor, or the Governor of a Special Self-Governing Province (hereinafter referred to as the "Mayor/Do Governor") shall, every five years, formulate and implement a local plan for energy for at least a five-year period (hereinafter referred to as "local plan"), taking into account the regional characteristics of the area under his or her jurisdiction. <Amended by Act No. 12931, Dec. 30, 2014> |
| (2) | A local plan shall include the following for the relevant area: |
| 1. | Matters concerning the trends and prospects of energy supply and demand; |
| 2. | Matters concerning measures for the stable supply of energy; |
| 3. | Matters concerning measures for the use of environmentally friendly energy, such as new and renewable energy; |
| 4. | Matters concerning measures for the rationalization of energy use and reduction of greenhouse gas emissions thereby; |
| 6. | Matters concerning measures for the development and use of unexploited energy sources; |
| 7. | Other matters the competent Mayor/Do Governor deems necessary to take measures on energy and related projects. |
| (3) | The Mayor/Do Governor who has formulated a local plan shall submit it to the Minister of Trade, Industry and Energy. The same shall also apply to any modification of a local plan formulated. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | The Government may take support measures necessary to facilitate the energy measures and related projects undertaken by local governments. |
[This Article Wholly Amended by Act No. 10352, Jun. 8, 2010]
| Article 8 (Formulation of Contingency Energy Supply Plan) |
| (1) | The Minister of Trade, Industry and Energy shall formulate a contingency energy supply plan (hereinafter referred to as "contingency plan") in case of a serious disruption in energy supply and demand. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The contingency plan shall be finalized subject to deliberation by the Energy Committee under Article 9. The same shall also apply to any modification of the contingency plan formulated. |
| (3) | The contingency plan shall include the following: |
| 1. | Matters concerning the trends and prospects of domestic and overseas energy supply and demand; |
| 2. | Matters concerning measures for reducing energy consumption in case of emergency; |
| 3. | Matters concerning measures for the utilization of energy in reserve in case of emergency; |
| 4. | Matters concerning measures for the adjustment of supply and demand, such as the allocation, rationing, etc. of energy in case of emergency; |
| 5. | Matters concerning measures for international cooperation for the stabilization of energy supply and demand in case of emergency; |
| 6. | Matters concerning administrative plans for the efficient implementation of the contingency plan. |
| (4) | The Minister of Trade, Industry and Energy may take necessary measures, as prescribed by relevant statutes and regulations, such as imposing restrictions on energy use, in case of a disruption in energy supply and demand resulting from any change in either domestic or overseas energy market. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 10352, Jun. 8, 2010]
| Article 9 (Organization and Operation of Energy Committee) |
| (1) | The Government shall establish the Energy Committee (hereinafter referred to as the "Committee") under the jurisdiction of the Minister of Trade, Industry and Energy to deliberate on matters concerning major energy policies and energy-related plans. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Committee shall be comprised of up to 25 members, including one chairperson, and its members shall be comprised of ex officio members and commissioned members. |
| (3) | The Minister of Trade, Industry and Energy shall serve as the chairperson of the Committee. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Vice-ministerial level public officials of related central administrative agencies who are prescribed by Presidential Decree shall serve as the ex officio members of the Committee. |
| (5) | Persons with abundant knowledge of and experience in the area of energy who are commissioned by the Minister of Trade, Industry and Energy shall serve as commissioned members of the Committee. In such cases, at least five persons recommended by energy-related civic groups shall be included in the commissioned members, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (6) | The term of office of the commissioned members shall be two years, which may be renewed consecutively. |
| (7) | Specialized committees by area may be established to examine agenda items to be brought before the Committee or to investigate and research agenda items delegated by the Committee. |
| (8) | Other matters necessary for the organization, operation, etc. of the Committee and the specialized committees shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10352, Jun. 8, 2010]
| Article 10 (Roles of Committee) |
The Committee shall deliberate on the following:
| 2. | Matters concerning the contingency plan; |
| 3. | Matters concerning energy development in the Republic of Korea and overseas; |
| 4. | Matters concerning plans on energy-related transportation or logistics; |
| 5. | Matters concerning the adjustment of major energy policies and energy projects; |
| 6. | Matters concerning the prevention and resolution of social conflicts concerning energy; |
| 7. | Matters concerning the efficient use, etc. of energy-related budgets; |
| 8. | Matters concerning atomic energy development policies; |
| 9. | Matters concerning energy in the measures for the United Nations Framework Convention on Climate Change; |
| 10. | Matters subject to deliberation by the Committee under other statutes; |
| 11. | Other major policy matters concerning energy, brought before by the chairperson. |
[This Article Wholly Amended by Act No. 10352, Jun. 8, 2010]
| Article 11 (Energy Technology Development Plans) |
| (1) | The Government shall, every five years, formulate an energy technology development plan with a plan period of at least 10 years (hereinafter referred to as "energy technology development plan") to facilitate the development and dissemination of energy-related technologies, and shall formulate and implement annual action plans accordingly. |
| (2) | An energy technology development plan shall be formulated, following consultations with the heads of related central administrative agencies and deliberation by the Presidential Advisory Council on Science and Technology under the Presidential Advisory Council on Science and Technology Act, as prescribed by Presidential Decree. In such cases, it shall be deemed undergone deliberation by the Committee. <Amended by Act No. 11713, Mar. 23, 2013; Act No. 15344, Jan. 16, 2018> |
| (3) | An energy technology development plan shall include the following: |
| 1. | Matters concerning technology development for the efficient use of energy; |
| 2. | Matters concerning technology development related to environmentally friendly energy, such as new and renewable energy; |
| 3. | Matters concerning technology development for reducing environmental pollution caused by energy use; |
| 4. | Matters concerning technology development for reducing greenhouse gas emissions; |
| 5. | Matters concerning the facilitation of commercializing developed energy technologies; |
| 6. | Matters concerning the facilitation of international cooperation for energy technologies; |
| 7. | Matters concerning the expansion and efficient use of technology development resources, such as energy technology-related human resources, information, and facilities. |
[This Article Wholly Amended by Act No. 10352, Jun. 8, 2010]
| Article 12 (Development of Energy Technology) |
| (1) | To efficiently promote energy technology development, the head of a related central administrative agency may cause any of the following persons to conduct energy technology development activities, as prescribed by Presidential Decree: <Amended by Act No. 10445, Mar. 9, 2011; Act No. 13082, Jan. 28, 2015; Act No. 14079, Mar. 22, 2016; Act No. 16859, Dec. 31, 2019> |
| 2. | A national or public research institute; |
| 3. | A specific research institute governed by the Support of Specific Research Institutes Act; |
| 5. | A specialized leading enterprise, etc. under the Act on Special Measures for the Promotion of Specialized Enterprises for Materials, Components and Equipment Industries; |
| 7. | A government-funded research institute in the areas of science and technology under the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institute, Etc.; |
| 9. | A university or college, industrial university, or junior college under the Higher Education Act; |
| 10. | An industrial technology research cooperative under the Act on the Support of Industrial Technology Research Cooperatives; |
| 12. | Other research institutes or organizations in the area of science and technology, as prescribed by Presidential Decree. |
| (2) | The head of a related central administrative agency may contribute funds to cover all or part of the expenses incurred in technology development pursuant to paragraph (1). |
[This Article Wholly Amended by Act No. 10352, Jun. 8, 2010]
| Article 13 (Establishment of Korea Institute of Energy Technology Evaluation and Planning) |
| (1) | The Korea Institute of Energy Technology Evaluation and Planning (hereinafter referred to as the "KETEP") shall be established to efficiently support the planning, evaluation, management, etc. of the energy technology development-related projects described in Article 12 (1) (hereinafter referred to as "energy technology development projects"). |
| (2) | The KETEP shall be a juristic person. |
| (3) | The KETEP shall be duly formed when it completes the registration for its establishment with the registry office having jurisdiction over its principal place of business. |
| (4) | The KETEP shall conduct the following projects: |
| 1. | Planning, evaluating, and managing energy technology development projects; |
| 2. | Supporting projects to nurture experts in the area of energy technology; |
| 3. | Supporting international cooperation and international joint research projects in the area of energy technology; |
| 4. | Other projects prescribed by Presidential Decree in connection with developing energy technologies. |
| (5) | The Government may contribute funds necessary for establishing and operating the KETEP within budgetary limits. |
| (6) | The heads of related central administrative agencies and the heads of local governments may require the KETEP to perform any of the projects referred to in the subparagraphs of paragraph (4) and may contribute funds to cover all or part of necessary expenses, as prescribed by Presidential Decree. |
| (7) | The KETEP may conduct profit-making projects to raise money necessary to achieve its objectives under paragraph (1), as prescribed by Presidential Decree. |
| (8) | Matters necessary for the operation, supervision, etc. of the KETEP shall be prescribed by Presidential Decree. |
| (9) | Deleted. <by Act No. 12931, Dec. 30, 2014> |
| (10) | The Civil Act pertaining to incorporated foundations shall apply mutatis mutandis to matters concerning the KETEP, except as provided in this Act. |
[This Article Wholly Amended by Act No. 10352, Jun. 8, 2010]
| Article 14 (Energy Technology Development Project Fund) |
| (1) | The head of a related central administrative agency may raise an energy technology development project fund necessary for implementing annual action plans referred to in Article 11 (1) to promote energy technology development projects in a comprehensive and efficient manner. |
| (2) | The energy technology development project fund referred to in paragraph (1) shall be raised with contributions and loans from the Government or energy-related project entities, etc. and other financial resources prescribed by Presidential Decree. |
| (3) | The head of related central administrative agencies may require the KETEP to take charge of raising and managing the energy technology development project fund. |
| (4) | The energy technology development project fund shall be used to support the following projects: |
| 1. | Matters concerning the research on and development of energy technologies; |
| 2. | Matters concerning the survey on demand for energy technologies; |
| 3. | Matters concerning technology development for energy-using apparatuses or materials, energy-supplying facilities, and the components thereof; |
| 4. | Matters concerning the dissemination and publicity of the results of energy technology development; |
| 5. | Matters concerning international cooperation in energy technology; |
| 6. | Matters concerning the nurturing of energy researchers; |
| 7. | Matters concerning technology development for reducing air pollution caused by energy use; |
| 8. | Matters concerning technology development for reducing greenhouse gas emissions; |
| 9. | Matters concerning the collection, analysis, and provision of information on energy technology and academic activities related thereto; |
| 10. | Matters concerning the management of the KETEP's energy technology development projects. |
| (5) | Matters necessary for the management and use of the energy technology development project fund under paragraphs (1) through (4) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10352, Jun. 8, 2010]
| Article 15 (Recommendation for Investment in Energy Technology Development) |
The head of a related central administrative agency may recommend investment in, or contributions to, projects for developing energy technologies to energy-related project entities if necessary for facilitating energy technology development.
[This Article Wholly Amended by Act No. 10352, Jun. 8, 2010]
| Article 16 (Fostering Experts in Energy and Energy Resource Technology) |
| (1) | The Minister of Trade, Industry and Energy may conduct projects necessary to foster experts in the areas of energy and energy resource technology. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Trade, Industry and Energy may provide financial and other necessary support for projects referred to in paragraph (1). In such cases, matters necessary for the subject matter of, procedures for, etc. of such support shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 10352, Jun. 8, 2010]
| Article 16-2 (Conducting Energy Welfare Projects) |
For the universal supply of energy to all people, the Government may conduct projects to support the following matters (hereinafter referred to as "energy welfare projects"): <Amended by Act No. 16478, Aug. 20, 2019>
| 1. | Supply of energy to vulnerable classes in energy use, such as low-income classes (hereinafter referred to as "vulnerable class in energy use"); |
| 2. | Improvement of efficiency in energy use for vulnerable classes in energy use by such means as supply of heating and cooling equipment; |
| 3. | Other matters concerning the improvement of welfare and benefits concerning energy use by vulnerable classes in energy use. |
[This Article Newly Inserted by Act No. 12931, Dec. 30, 2014]
| Article 16-3 (Issuance of Energy Vouchers) |
| (1) | The Minister of Trade, Industry and Energy may issue energy vouchers upon application by a person belonging to a vulnerable class in energy use and meeting requirements prescribed by Presidential Decree. |
| (2) | The Minister of Trade, Industry and Energy may request heads of relevant central administrative agencies or heads of local governments to provide him or her with data prescribed by Presidential Decree, such as a family relationship certificate, and national tax and local tax data with the consent of the person concerned, for the purpose of verifying matters concerning the selection of persons eligible for energy vouchers and maintenance of eligibility. In such cases, the heads of the relevant central administrative agencies or the heads of the local governments in receipt of such request shall comply therewith in the absence of special circumstances. |
| (4) | The Minister of Trade, Industry and Energy may request energy suppliers, or other energy-related institutions or organizations to provide him or her with the following data. In such case, energy suppliers, institutions or organizations in receipt of such request shall comply therewith in the absence of special circumstances: |
| 1. | Current state of energy supply; |
| 2. | Current state of energy use; |
| 3. | Other data necessary for the formulation of standards for eligibility for energy vouchers. |
| (5) | Matters necessary for the application for, issuance, etc. of energy vouchers other than those provided for in paragraphs (1) through (4) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12931, Dec. 30, 2014]
| Article 16-4 (Use of Energy Vouchers) |
| (1) | A person who has been issued an energy voucher (hereinafter referred to as "user") may be provided with energy upon presenting the energy voucher to an energy supplier. |
| (2) | No energy supplier to whom an energy voucher is presented may refuse to supply energy without any justifiable ground. |
| (3) | No person shall sell, lend, nor unlawfully use any energy voucher. |
| (4) | When a user sells, lends, or improperly uses an energy voucher, the Minister of Trade, Industry and Energy may recover the energy voucher or recover all or some of the amount equivalent to the face-value of the energy voucher. |
| (5) | Matters necessary for the use, etc. of energy vouchers other than those provided for in paragraphs (1) through (4) shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
[This Article Newly Inserted by Act No. 12931, Dec. 30, 2014]
| Article 16-5 (Designation of Institution Fully in Charge) |
| (1) | The Minister of Trade, Industry and Energy may designate an institution or organization specialized in energy-related business as an institution fully in charge of energy welfare projects (hereinafter referred to as "institution fully in charge") to conduct duties concerning energy welfare projects, such as the issuance and management of energy vouchers. |
| (2) | The Minister of Trade, Industry and Energy may subsidize all or part of the expenses incurred by institutions fully in charge in conducting the projects provided for in paragraph (1), within budgetary limits. |
| (3) | Detailed matters concerning standards, procedures, etc. for designation of institutions fully in charge shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12931, Dec. 30, 2014]
| Article 16-6 (Cancellation of Designation of Institutions Fully in Charge) |
| (1) | Where any institution fully in charge falls under any of the following subparagraphs, the Minister of Trade, Industry and Energy may revoke the designation thereof or suspend all or some of its business for a specified period not exceeding six months: Provided, That in the cases falling under subparagraph 1, the Minister shall revoke such designation: |
| 1. | Where the institution fully in charge has obtained designation by fraud or other improper means; |
| 2. | Where the institution fully in charge ceases to meet any of the standards for designation provided for in Article 16-5 (3). |
| (2) | Detailed standards for administrative dispositions provided for in paragraph (1) shall be prescribed by Presidential Decree in consideration of the reasons for and degree of the violation. |
[This Article Newly Inserted by Act No. 12931, Dec. 30, 2014]
| Article 16-7 (Dispositions to Impose Penalty Surcharge) |
| (1) | Where the issuance of an order to suspend business under Article 16-6 (1) is likely to cause substantial inconvenience to users, etc. or undermine public interest, the Minister of Trade, Industry and Energy may impose a penalty surcharge not exceeding 10 million won in lieu of the disposition to suspend business, as prescribed by Presidential Decree. |
| (2) | Matters necessary for the amount, etc. of penalty surcharges corresponding to the kind, degree, etc. of violations subject to imposition of penalty surcharge under paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | Where a person liable to pay a penalty surcharge under paragraph (1) fails to pay it by the payment due date, such penalty surcharge shall be collected in the same manner as delinquent national taxes are collected. |
[This Article Newly Inserted by Act No. 12931, Dec. 30, 2014]
| Article 17 (Administrative and Financial Measures) |
The State and local governments may take administrative and financial measures necessary for academic research and surveys, technology development, etc. to achieve the purpose of this Act.
[This Article Wholly Amended by Act No. 10352, Jun. 8, 2010]
| Article 18 (Support for Civil Activities) |
The State and local governments may provide necessary data or financial support to the private sector to facilitate energy-related activities for the public interest.
| Article 19 (Management and Publication of Energy-Related Statistics) |
| (1) | The Minister of Trade, Industry and Energy shall compile, analyze, and manage statistics on domestic and overseas energy supply and demand for the effective formulation and implementation of the master plan and energy-related measures, and publicize them to the extent not inconsistent with relevant statutes and regulations. <Amended by Act No. 10352, Jun. 8, 2010; Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Trade, Industry and Energy shall, each year, compile and analyze statistics on the following and may publicize the results thereof: <Amended by Act No. 10352, Jun. 8, 2010; Act No. 11690, Mar. 23, 2013; Act No. 16478, Aug. 20, 2019> |
| 1. | Amount of greenhouse gas emissions generated during energy use and industrial process; |
| 2. | Current status of energy use by vulnerable classes in energy use, and so forth. |
| (3) | Deleted. <by Act No. 9931, Jan. 13, 2010> |
| (4) | If the Minister of Trade, Industry and Energy deems it necessary in the compilation of statistics under paragraphs (1) and (2), he or she may require energy-related institutions or energy users prescribed by Ordinance of the Ministry of Trade, Industry and Energy to submit data. <Amended by Act No. 10352, Jun. 8, 2010; Act No. 11690, Mar. 23, 2013> |
| (5) | The Minister of Trade, Industry and Energy may, if deemed necessary, conduct an energy census, as prescribed by Presidential Decree. <Amended by Act No. 10352, Jun. 8, 2010; Act No. 11690, Mar. 23, 2013> |
| (6) | The Minister of Trade, Industry and Energy may designate a specialized institution to entrust all or some of the affairs concerning the compilation, analysis, and management of statistics under paragraphs (1) and (2) and the energy census under paragraph (5). <Amended by Act No. 10352, Jun. 8, 2010; Act No. 11690, Mar. 23, 2013> |
| Article 20 (Reporting to National Assembly) |
| (1) | The Government shall report the results of the implementation of major energy policies and the results thereof to the National Assembly each year. |
| (2) | A report under paragraph (1) shall include the following: |
| 1. | Matters concerning the trends and prospects of energy supply and demand in the Republic of Korea and overseas; |
| 2. | Matters concerning the progress of measures taken for the securement, introduction, supply and management of energy and resources and the plans therefor; |
| 3. | Matters concerning the progress of management of energy demand and the plans therefor; |
| 4. | Matters concerning the progress of measures taken for the supply and use of environmentally friendly energy and the plans therefor; |
| 5. | Matters concerning the current status of greenhouse gas emissions, progress of measures taken for reducing greenhouse gas emissions and the plans therefor; |
| 6. | Matters concerning the progress of matters concerning international cooperation in energy policies, etc. and the plans therefor; |
| 7. | Other matters concerning the promotion of major energy policies. |
| (3) | Matters necessary for reporting under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10352, Jun. 8, 2010]
| Article 21 (Inquiries and Investigations) |
In any of the following cases, the Minister of Trade, Industry and Energy may require public officials under his or her jurisdiction to make inquiries of energy suppliers, persons eligible for energy welfare projects, or related persons, or to inspect their books and other documents:
| 1. | Where necessary for selecting persons eligible for energy welfare projects and verifying eligibility; |
| 2. | Where necessary for verifying the appropriateness of the issuance and use of energy vouchers; |
| 3. | Other cases necessary for conducting energy welfare projects, which are prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12931, Dec. 30, 2014]
The Minister of Trade, Industry and Energy shall hold a hearing before imposing a disposition constituting a revocation of designation of the institution fully in charge under Article 16-6 (1). [This Article Newly Inserted by Act No. 12931, Dec. 30, 2014]
| Article 23 (Delegation and Entrustment of Authority) |
| (1) | Part of the authority of the Minister of Trade, Industry and Energy vested under this Act may be delegated to the Mayor/Do Governor or to the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu), as prescribed by Presidential Decree. |
| (2) | Some of the duties of the Minister of Trade, Industry and Energy under this Act may be entrusted to any or all of the institutions fully in charge, as prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12931, Dec. 30, 2014]
| Article 24 (Legal Fictions as Public Officials for Purpose of Penalty Provisions) |
| 1. | Executive officers and employees of the KETEP; |
| 2. | Executive officers and employees of the institution fully in charge (limited to executive officers and employees engaging in the duties referred to in Article 16-5 (1) or Article 23 (2). |
[This Article Newly Inserted by Act No. 12931, Dec. 30, 2014]
| Article 25 (Penalty Provisions) |
Any person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won:
| 1. | Any person who has been issued an energy voucher or causes any other person to receive an energy voucher by fraud or other improper means; |
| 2. | Any person who sells, lends, or improperly uses an energy voucher, in violation of Article 16-4 (3) (excluding the user issued with the relevant energy voucher). |
[This Article Newly Inserted by Act No. 12931, Dec. 30, 2014]
| Article 26 (Administrative Fines) |
| (1) | Any energy supplier who refuses to make a statement or makes a false statement with respect to a question asked under Article 21 or refuses, interferes with, or evades an investigation without justifiable cause shall be subject to an administrative fine not exceeding five million won. |
| (2) | The Minister of Trade, Industry and Energy shall impose and collect administrative fines under paragraph (1) as prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12931, Dec. 30, 2014]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning National Energy Master Plans)
| (1) | The national energy master plan formulated under Article 4 of the previous Energy Use Rationalization Act as at the time this Act enters into force shall be deemed the master plan under Article 6 of this Act. |
| (2) | The regional energy plan formulated under Article 5 of the previous Energy Use Rationalization Act as at the time this Act enters into force shall be deemed the regional energy plan under Article 7 of this Act. |
| (3) | The contingency plan for energy supply formulated under Article 6 of the previous Energy Use Rationalization Act as at the time this Act enters into force shall be deemed the contingency plan under Article 8 of this Act. |
| (4) | The energy technology development plan formulated under Article 37 of the previous Energy Use Rationalization Act as at the time this Act enters into force shall be deemed the energy technology development plan under Article 11 of this Act. |
Article 3 (Transitional Measures concerning Institutions Fully in Charge of Energy Technology Development Business)
The institution taking full charge of energy technology development business under Article 39 of the previous Energy Use Rationalization Act as at the time this Act enters into force shall be deemed the institution fully in charge of energy technology development projects under Article 13 of this Act. Article 4 (Transitional Measures concerning Energy Technology Development Project Fund)
The energy technology development business fund under Article 40 of the previous Energy Use Rationalization Act as at the time this Act enters into force shall be deemed the energy technology development project fund under Article 14 of this Act. Article 5 Omitted.
Article 6 (Relationship to other Statutes)
Any statute that has cited the provisions of the previous Energy Use Rationalization Act as at the time this Act enters into force shall, if provisions corresponding thereto exist in this Act, be deemed to have cited this Act or the corresponding provisions of this Act in lieu of the previous provisions.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ... <omitted> ... the amended provisions of the statutes, which were promulgated before this Act enters into force but the enforcement dates of which have not arrived, from among the statutes amended under Article 6 of the Addenda, shall enter into force on the respective enforcement dates of the relevant statutes. Articles 2 through 7 Omitted.
ADDENDA <Act No. 9372, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Preparations for Establishment of KETEP)
| (1) | The Minister of Knowledge Economy shall commission up to five founding members to handle affairs concerning the establishment of the KETEP before this Act enters into force. |
| (2) | The founding members shall prepare each of the following matters and obtain authorization of the Minister of Knowledge Economy for them: |
| 1. | Articles of association of the KETEP; |
| 2. | A plan for succeeding employees belonging to the institution fully in charge of energy technology development projects, designated pursuant to previous Article 13 (1). |
| (3) | The founding members shall recommend the first officials to be appointed to the KETEP to the Minister of Knowledge Economy under joint signature, and the Minister of Knowledge Economy shall appoint the officials of the KETEP, from among the recommended persons. |
| (4) | The founding members shall, when officials are appointed pursuant to paragraph (3), complete registration for incorporation of the KETEP under joint signature without delay. |
| (5) | The founding members shall transfer affairs to the president of the KETEP without delay after completing registration for incorporation of the KETEP. |
| (6) | The commissioning of founding members shall be deemed terminated upon completion of the transfer of affairs under paragraph (4). |
Article 3 (Transitional Measures concerning Korea Institute of Energy and Resources Technology Evaluation and Planning)
| (1) | The Korea Institute of Energy and Resources Technology Evaluation and Planning (hereinafter referred to as "incorporated foundation") an incorporated foundation established under Article 32 of the Civil Act as at the time this Act enters into force may apply for the approval of the Minister of Knowledge Economy to enable the KETEP established pursuant to the amended provisions of Article 13 to succeed to all property, rights, and obligations by the resolution of the board of directors. |
| (2) | The incorporated foundation approved pursuant to paragraph (1) shall be deemed dissolved concurrently with the establishment of the KETEP under this Act, notwithstanding the Civil Act, which pertain to the dissolution and liquidation of juristic persons. |
| (3) | All property, rights, and obligations of the incorporated foundation dissolved pursuant to paragraph (2) shall be succeeded to by the KETEP by a universal title. In such cases, the value of the property subject to succession shall be its book value on the date immediately preceding the date of registration for incorporation. |
| (4) | The name of the incorporated foundation, entered in registers concerning its property, rights and obligations, and other public records as at the time this Act enters into force shall be deemed the name of the KETEP. |
| (5) | With respect to the acts and other legal relations of the incorporated foundation, which were done and established before this Act enters into force, the incorporated foundation shall be deemed the KETEP. |
| (6) | Any agreement concluded between the institution taking full charge of the energy technology development projects conducted pursuant to Article 12 (1) and the institution fully in charge of energy technology development projects designated pursuant to the previous Article 13 (1) (excluding the incorporated foundation; hereafter in this Article referred to as "institution fully in charge") before this Act enters into force shall be deemed an agreement concluded with the KETEP under the amended provisions of Article 13. |
| (7) | The employees of the incorporated foundation dissolved pursuant to paragraph (2) and employees conducting the duty of energy technology development project management at the institution fully in charge as at the time this Act enters into force shall be deemed the employees of the KETEP pursuant to the planned matters under Article 2 (2) 2 of the Addenda. |
Article 4 (Transitional Measures concerning Designation of Public Institutions)
Article 5 Omitted.
ADDENDA <Act No. 9931, Jan. 13, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 10352, Jun. 8, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10445, Mar. 9, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 10911, Jul. 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11713, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 11965, Jul. 30, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force three months after promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 12931, Dec. 30, 2014>
This Act shall enter into force six months after promulgation.
ADDENDUM <Act No. 13082, Jan. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force three months after promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 14079, Mar. 22, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 15344, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 16478, Aug. 20, 2019>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 16859, Dec. 31, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.