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ELECTRIC UTILITY ACT

Wholly Amended by Act No. 6283, Dec. 23, 2000

Amended by Act No. 6637, Jan. 26, 2002

Act No. 6656, Feb. 4, 2002

Act No. 7017, Dec. 30, 2003

Act No. 7188, Mar. 11, 2004

Act No. 7284, Dec. 31, 2004

Act No. 7508, May 26, 2005

Act No. 7744, Dec. 23, 2005

Act No. 7943, Apr. 28, 2006

Act No. 8135, Dec. 30, 2006

Act No. 8194, Jan. 3, 2007

Act No. 8346, Apr. 11, 2007

Act No. 8852, Feb. 29, 2008

Act No. 9016, Mar. 28, 2008

Act No. 9017, Mar. 28, 2008

Act No. 9244, Dec. 26, 2008

Act No. 9680, May 21, 2009

Act No. 10000, Feb. 4, 2010

Act No. 10253, Apr. 12, 2010

Act No. 10500, Mar. 30, 2011

Act No. 10580, Apr. 12, 2011

Act No. 10789, jun. 7, 2011

Act No. 10912, Jul. 25, 2011

Act No. 11690, Mar. 23, 2013

Act No. 11968, Jul. 30, 2013

Act No. 11965, Jul. 30, 2013

Act No. 12154, Jan. 1, 2014

Act No. 12329, Jan. 21, 2014

Act No. 12357, Jan. 28, 2014

Act No. 12612, May 20, 2014

Act No. 12816, Oct. 15, 2014

Act No. 13313, May 18, 2015

Act No. 13340, jun. 22, 2015

Act No. 13858, Jan. 27, 2016

Act No. 14672, Mar. 21, 2017

Act No. 15644, jun. 12, 2018

Act No. 16364, Apr. 23, 2019

Act No. 16480, Aug. 20, 2019

Act No. 16568, Aug. 27, 2019

Act No. 16945, Feb. 4, 2020

Act No. 17007, Feb. 18, 2020

Act No. 17170, Mar. 31, 2020

Act No. 17171, Mar. 31, 2020

Act No. 17344, jun. 9, 2020

Act No. 17535, Oct. 20, 2020

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to enhance the sound development of the electric utility industry and protect the interests of electricity consumers by establishing a basic system for the electric utility industry and by promoting competition in such industry as well as introducing new technologies and business, thereby contributing to developing the national economy. <Amended on Jun. 12, 2018>
 Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows: <Amended on Mar. 30, 2011; Mar. 23, 2013; Jun. 12, 2018; Apr. 23, 2019; Mar. 31, 2020>
1. The term "electric utility business" means the electricity generation business, electric transmission business, electric distribution business, electric sales business, or district electric business;
2. The term "electric utility business entity" means an operator of the electricity generation business, an operator of the electric transmission business, an operator of the electric distribution business, an operator of the electric sales business, or an operator of the district electric business;
3. The term "electricity generation business" means the business with its main purpose being to generate and supply electricity to electric sales business entities through the electricity market;
4. The term "electricity generation business entity" means a person licensed to generate electricity under Article 7 (1);
5. The term "electric transmission business" means the business with its main purpose being to establish and operate electric installations that are necessary to transmit electricity produced at electric power stations to electric distribution business entities;
6. The term "electric transmission business entity" means a person licensed to transmit electricity under Article 7 (1);
7. The term "electric distribution business" means the business with its main purpose being to establish and operate electric installations necessary to distribute electricity transmitted from electric power stations to electricity consumers;
8. The term "electric distribution business entity" means a person licensed to distribute electricity under Article 7 (1);
9. The term "electric sales business" means the business with its main purpose being to deliver electricity to electricity consumers (excluding electric vehicle charging business);
10. The term "electric sales business entity" means a person licensed to sell electricity under Article 7 (1);
11. The term "district electric business" means the business with its main purpose being to generate electricity with electric power generating installation of the size not exceeding that prescribed by Presidential Decree to meet the demand of a particular supply district and supply the produced electricity to electricity consumers in such particular supply district, not via any electricity market;
12. The term "district electric business entity" means a person licensed to operate the district electric business under Article 7 (1);
12-2. The term "new electric utility business" means the electric vehicle charging business or the small-scale electricity brokerage business;
12-3. The term "new electric utility business entity" means an operator of the electric vehicle charging business or an operator of the small-scale electricity brokerage business;
12-4. The term "electric vehicle charging business" means the business with its main purpose being to supply electricity at charge to electric vehicles defined in subparagraph 3 of Article 2 of the Act on Promotion of Development and Distribution of Environment-Friendly Motor Vehicles (hereinafter referred to as "electric vehicles");
12-5. The term "electric vehicle charging business entity" means a person that has filed for registration of the electric vehicle charging business pursuant to Article 7-2 (1);
12-6. The term "small-scale electricity brokerage business" means the business with its main purpose being to collect and trade, through the electricity market, electricity produced or stored by any of the following facilities (hereinafter referred to as "small-scale electricity resources"):
(a) A new energy and renewable energy facility defined in subparagraph 3 of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy, of a type and scale prescribed by Presidential Decree;
(b) An electric storage device of a scale prescribed by Presidential Decree;
(c) An electric vehicle of a type prescribed by Presidential Decree;
12-7. The term "small-scale electricity brokerage business entity" means a person that has registered a small-scale electricity brokerage business pursuant to Article 7-2 (1);
13. The term "electricity market" means a market to be opened by the Korea Power Exchange established under Article 35 for electricity trading (hereinafter referred to as the "Korea Power Exchange");
13-2. The term "small-scale electricity brokerage market" means a market opened by the Korea Power Exchange to enable small-scale electricity brokerage business entities to collect and manage small-scale electricity resources;
14. The term "electric power system" means a system which controls and manages the flow of electricity to maintain the smooth flow and the quality of electricity;
15. The term "universal supply" means providing electricity for electricity consumers to use electricity at a reasonable rate anywhere at any time;
16. The term "electric installations" means machines, equipment, dams, waterways, reservoirs, electric lines, security telecommunications wires, and other equipment (excluding dams and reservoirs built under the Act on Construction of Dams and Assistance, etc. to Their Environs, equipment installed in ships, vehicles, or aircraft, and other equipment prescribed by Presidential Decree) installed for generating, transmitting, transforming, distributing, supplying, or consuming electricity, which fall under the following:
(a) Electric installations for electric utility business;
(b) Electric installations for general use;
(c) Electric installations for private use;
16-2. The term "electric lines" means electrical wires and facilities which hold or accommodate electric wires interconnected between electric power stations, substations, switching stations, or equivalent places and the places where electricity is used;
17. The term "electric installations for electric utility business" means electric installations that electric utility business entities use for operating their business;
18. The term "electric installations for general use" means small-scale electric installations prescribed by Ordinance of the Ministry of Trade, Industry and Energy, installed exclusively for a limited area;
19. The term "electric installations for private use" means electric installations other than electric installations for electric utility business and electric installations for general use;
20. The term "safety management“ means taking measures necessary for working on, maintaining, and operating electric installations, as prescribed by this Act and the Electrical Safety Management Act, to protect the lives and property of the people;
21. The term "dispersion-type electricity system" means a forward line installed in the vicinity of an area of electric power demand (referring to the electric lines connecting the different power plants, the two substations, and the space between power plants and substations (excluding those converted for telecommunications); hereinafter the same shall apply) A power generation facility not exceeding a certain size that can minimize construction of the building, which is prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
[This Article Wholly Amended on May 21, 2009]
 Article 3 (Responsibilities of Government, etc.)
(1) The Minister of Trade, Industry and Energy shall prepare fundamental and comprehensive policies for the stable electricity supply and demand, the promotion of the competitiveness of the electric power industry, etc., in order to achieve the purposes of this Act. <Amended on Mar. 23, 2013>
(2) When the Minister of Trade, Industry and Energy formulates policies under paragraph (1) and a master plan for electricity supply and demand under Article 25, he or she shall comprehensively take into account the economic feasibility of electric installations and their impacts on the environment and public safety. <Newly Inserted on Mar. 21, 2017>
(3) The Korea Power Exchange established under Article 35 shall comprehensively review the economic feasibility of operating the electricity market and the electric power system, and their impacts on the environment and public safety. <Newly Inserted on Mar. 21, 2017>
(4) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as a "Mayor/Do Governor"), and the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply) shall prepare necessary policies to supply electricity in a stable manner for electricity consumers in a district under their jurisdiction and cooperate with the Minister of Trade, Industry and Energy for smooth implementation of the policies to stabilize electricity supply and demand referred to in paragraph (1). <Amended on Mar. 23, 2013; Mar. 21, 2017; Feb. 18, 2020>
[This Article Wholly Amended on May 21, 2009]
 Article 4 (Protecting Electricity Consumers)
An electric utility business entity and a new electric utility business entity (hereinafter referred to as "electric utility business entities, etc.") shall formulate measures to protect the interests of electricity consumers. <Amended on Jun. 12, 2018>
[This Article Wholly Amended on May 21, 2009]
 Article 5 (Environmental Protection)
Electric utility business entities, etc. shall take measures necessary for optimally managing and preserving natural and living environments when establishing electric installations to operate the electric utility business or the new electric utility business (hereinafter referred to as "electric utility business, etc."). <Amended on Jun. 12, 2018>
[This Article Wholly Amended on May 21, 2009]
 Article 6 (Universal Supply)
(1) Electric utility business entities, etc. are obligated to contribute to the universal supply of electricity. <Amended on Jun. 12, 2018>
(2) The Minister of Trade, Industry and Energy shall determine the details of the universal supply of electricity based upon the following: <Amended on Mar. 23, 2013>
1. The level of development of electric technology;
2. The level of penetration of electricity;
3. The public interest and safety;
4. Promoting social welfare.
[This Article Wholly Amended on May 21, 2009]
CHAPTER II ELECTRIC UTILITY BUSINESS
SECTION 1 License
 Article 7 (Electric Utility Licenses)
(1) A person who intends to operate the electric utility business shall obtain a license by type or scale of the electric utility business from the Minister of Trade, Industry and Energy or the competent Mayor/Do Governor (hereinafter referred to as "permitting authority"), as prescribed by Presidential Decree. The same shall also apply to any modification to important matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy from among permitted matters. <Amended on Mar. 23, 2013; Feb. 18, 2020>
(2) Where the Minister of Trade, Industry and Energy intends to grant an electric utility license or a modified license therefor, he or she shall undergo deliberation of the Electricity Regulatory Commission under Article 53 (hereinafter referred to as the "Electricity Regulatory Commission") in advance. <Amended on Mar. 23, 2013>
(3) No person may be licensed to operate at least two types of electric utility business: Provided, That this shall not apply to cases prescribed by Presidential Decree.
(4) If necessary, the permitting authority may issue an electric utility license as classified by business zone and particular supply district: Provided, That in cases of electricity generation business, he or she may issue the relevant license for each electric power station. <Amended on Mar. 23, 2013; Feb. 18, 2020>
(5) The criteria for issuing an electric utility license shall be as follows: <Amended on Oct. 15, 2014; Mar. 31, 2020>
1. To have the financial and technological means necessary to operate the electric utility business in an optimal manner;
2. To be able to perform the electric utility business as planned;
3. In cases of electric distribution business or district electric business, to ensure that business zones for at least two electric distribution business entities or particular supply districts for at least two district electric business entities, shall not fully or partially overlap each other;
4. To meet at least 50 percent of the electricity demand of a particular supply district with the supply capacity determined by Presidential Decree regarding the district electric business and not to constitute any obstacle to the supply of electricity by another electric utility business entity to the electricity consumers residing in the neighboring area due to such business;
4-2. Not to disrupt the operation of electric power systems because of electric power stations or fuels for power generation clustered in a specific region;
5. In cases of electric power generation business utilizing solar energy, wind power, fuel cells among solar energy referred to in Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy, the entity shall undergo the process of gathering opinions from residents through advance notice on the details of the electricity generation business, as prescribed by Presidential Decree;
6. To meet the standards prescribed by Presidential Decree as necessary in the public interest.
(6) Detailed criteria and procedures for issuing a license under paragraph (1) and other necessary matters therefor shall be determined by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on May 21, 2009]
[Title Amended on Jun. 12, 2018]
 Article 7-2 (Registration of New Electric Utility Business)
(1) A person who intends to operate the new electric utility business shall file for registration of the business with the Minister of Trade, Industry and Energy, for each type of new electric utility business.
(2) A person who intends to file for registration of the new electric utility business pursuant to paragraph (1), shall apply for registration with the Minister of Trade, Industry and Energy, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
(3) The Minister of Trade, Industry and Energy shall grant registration, unless an application filed under paragraph (2) falls under any of the following cases:
1. Where the applicant is disqualified under Article 8 (2);
2. Where the standards for capital, personnel, facilities, etc. prescribed by Presidential Decree are not satisfied.
(4) To modify any important matters prescribed by Presidential Decree, such as the trade name or representative, among matters registered under paragraph (1), a new electric utility business entity shall file for registration of such modification with the Minister of Trade, Industry and Energy.
(5) The procedures and methods for registering the new electric utility business and registering modifications, and other necessary matters shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
[This Article Newly Inserted on Jun. 12, 2018]
 Article 7-3 (Constructive Authorization and Permission)
(1) The solar-powered electric power generation business for which the Mayor/Do Governor is delegated with the authority to operate electric utility business under Article 98 (1) or for which the Mayor/Do Governor grants permission (referring to the electricity generation business utilizing solar energy among the solar energy referred to in subparagraph 2 (a) of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy; Where a Mayor/Do Governor grants an electric utility license or a modified license pursuant to Article 7, he or she shall be deemed to have obtained such authorization, permission, license, consultation, cancellation, report, examination, etc. (hereinafter referred to as "authorization, permission, etc.") on the matters for which the Mayor/Do Governor has consulted with the head of a relevant administrative agency in advance pursuant to paragraph (3):
1. Permission for development acts under Article 56 (1) of the National Land Planning and Utilization Act;
2. Permission for the occupation and use of public waters pursuant to Article 8 of the Public Waters Management Act and approval or reporting of an execution plan pursuant to Article 17 of the same Act, and a license to reclaim the public waters pursuant to Article 28 of the same Act and approval of an plan for executing reclamation of the public waters pursuant to Article 38 of the same Act;
3. Authorization for a mining plan under Article 42 of the Mining Industry Act;
4. Permission to use agricultural production infrastructure under Article 23 of the Rearrangement of Agricultural and Fishing Villages Act;
5. Permission for, or consultation on, the diversion of farmland under Article 34 of the Farmland Act; reporting on the diversion of farmland under Article 35 of the same Act; and permission for, or consultation on, the temporary use of farmland for other purposes under Article 36 of the same Act;
6. Permission granted to a person, other than road managing authorities, under Article 36 of the Road Act, to execute roadworks; permission to connect a road to other facilities under Article 52 of the same Act; and permission to occupy and use a road under Article 61 of the same Act;
7. Permission to reinter dead bodies under Article 27 (1) of the Act on Funeral Services, etc.;
8. Permission to build a private road under Article 4 of the Private Road Act;
9. Permission to make changes, etc. in the form and quality of land under Article 14 of the Erosion Control Work Act; and revocation of designation of erosion control land under Article 20 of the same Act;
10. Approval of establishment, etc. of factories under Article 13 of the Industrial Cluster Development and Factory Establishment Act;
11. Permission for and report on converting mountainous district under Articles 14 and 15 of the Mountainous Districts Management Act, permission for and report on the temporary use of a mountainous district under Article 15-2 of the same Act, permission to extract soil and stone under Article 25-1 of the same Act, and permission to extract soil and sand under Article 25-2 of the same Act;
12. Permission for the felling, etc. of standing trees under Article 36 (1) of the Creation and Management of Forest Resources Act or reporting of the felling, etc. of standing trees under Article 36 (4) of the aforementioned Act;
13. Permission for implementation of a small river project prescribed in Article 10 of the Small River Maintenance Act or permission for occupation and use of a small river prescribed in Article 14 of the same Act;
14. Authorization for installation of an exclusive water supply system under Article 52 of the Water Supply and Waterworks Installation Act, or authorization for installation of an exclusive industrial water supply system under Article 54 of the same Act;
15. Approving an implementation plan for a coastal maintenance project under Article 25 of the Coast Management Act;
16. Approval for a business plan prescribed in Article 12 of the Installation and Utilization of Sports Facilities Act;
17. Permission for, reporting or consultation on, the diversion of grassland under Article 23 of the Grassland Act;
18. Examination for map production, etc. under Article 15 (3) of the Act on the Establishment and Management of Spatial Data;
19. Permission to perform public sewerage construction works under Article 16 of the Sewerage Act; and permission to occupy and use the public sewerage under Article 24 of the same Act;
20. Permission to perform river works under Article 30 of the River Act; and permission to occupy and use a river under Article 33 of the same Act;
21. Permission to occupy and use an urban park under Article 24 of the Act on Urban Parks, Green Areas, Etc. and permission to occupy and use the green area under Article 38 of the same Act.
(2) If a person desires to be deemed that he/she is granted authorization, permit, etc, under paragraph (1) when he/she files an application for approval of an electricity business or any revision to the electricity business, he/she shall submit relevant documents specified by relevant Acts along with the application.
(3) When approving an electricity business or approving any revision to the approved matters pursuant to Article 7, if there is a matter falling under any of the subparagraphs of paragraph (1) in the contents, consultation with the head of the relevant administrative agency shall be made in advance.
(4) Upon receipt of the request of consultation pursuant to paragraph (3), the head of a related administrative agency shall submit his or her opinion within 20 days after receiving a request for consultation. In such cases, where the head of the related administrative agency fails to submit his or her opinion within such period, it shall be deemed that the consultation was made.
(5) Notwithstanding paragraph (4), where the agenda subject to consultation under paragraph (3) includes any matter to be deliberated upon by a relevant committee, the head of a relevant administrative agency shall consult based upon the results of deliberation done by the relevant committee.
(6) The Minister of Land, Infrastructure and Transport shall require relevant central administrative agencies to submit standards for processing authorization, permission, etc. deemed granted under paragraph (1) and shall integrate them and give public notice thereof. <Amended on Mar. 23, 2013>
[This Article Newly Inserted on Mar. 31, 2020]
[Enforcement Date: Jan. 1, 2021] Amendments to Article 7-3 (1) regarding solar energy development projects for which the Mayor/Do Governor has the right to permit.
 Article 8 (Grounds for Disqualification)
(1) None of the following persons shall be licensed to operate the electric utility business: <Amended on May 20, 2014; Jan. 27, 2016; Jun. 12, 2018>
1. A person under adult guardianship;
2. A person declared bankrupt and not yet reinstated;
3. A person who has committed any crime related to electrical affairs in violation of Articles 172-2, 173, 173-2 (excluding those who violated Article 172 (1)), 174 (limited to an attempt to commit any crime in violation of Articles 172-2 (1) and 173 (1) and (2)), and 175 (limited to those who premeditated or conspired to commit any crime in violation of Articles 172-2 (1) and 173 (1) and (2)) of the Criminal Act; or who has violated this Act, and for whom two years have not yet passed since his or her imprisonment without labor or heavier punishment was completely executed (including where it is deemed to have been executed) or exempted;
4. A person under a stay of execution of imprisonment without labor or heavier punishment after he or she was sentenced thereto for having committed any of the crimes referred to in subparagraph 3;
5. A person for whom two years have not yet passed since his or her electric utility license was revoked (excluding cases where his or her license is revoked on the grounds for disqualification specified in subparagraph 1 or 2) under Article 12 (1);
6. A corporation represented by a person who falls under any of subparagraphs 1 through 5.
(2) None of the following persons shall file for registration of the new electric utility business: <Newly Inserted on Jun. 12, 2018>
1. An entity referred to in any provision of paragraph (1) 1 through 4;
2. A person for whom two years have not yet passed since the registration of the new electric utility business was revoked (excluding cases where the registration is revoked under subparagraph 1 of this paragraph or Article 12 (2) 3, on the grounds for disqualification specified in paragraph (1) 1 or 2 of this Article) under Article 12 (2);
3. A corporation represented by a person specified in subparagraph 1 or 2.
[This Article Wholly Amended on May 21, 2009]
 Article 9 (Obligation to Establish Electric Installations and Commence Business)
(1) An electric utility business entity shall set up electric installations necessary to operate the electric utility business and commence the business within the period for preparation determined by the permitting authority. <Amended on Mar. 23, 2013; Feb. 18, 2020>
(2) The period for preparation in paragraph (1) may not exceed the period determined and notified by the Minister of Trade, Industry and Energy within the scope of 10 years: Provided, That the permitting authority may extend the period if deemed that any just ground exists. <Amended on Mar. 23, 2013; Feb. 18, 2020>
(3) Where deemed necessary for granting an electric utility license, the permitting authority may determine the period for preparation for each type of electric utility business or electric installation. <Amended on Mar. 23, 2013; Feb. 18, 2020>
(4) When an operator of the electric utility business has started up the business, he/she shall promptly report it to the permitting authority: Provided, That in cases of an operator of electric generation business, he/she shall make a report within 30 days from the date of the first electric utility transaction. <Amended on Mar. 23, 2013; Feb. 18, 2020; Mar. 31, 2020>
[This Article Wholly Amended on May 21, 2009]
 Article 10 (Acquisition of Business by Transfer and Division or Merger of Corporation)
(1) Any of the following persons shall have permission form the permitting authority, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: <Amended on Oct. 15, 2014; Jan. 27, 2016; Apr. 23, 2019; Feb. 18, 2020>
1. A person who intends to fully or partially acquire the electric utility business;
2. A person who intends to divide or merge a corporation which is an electric utility business entity;
3. A person who intends to acquire stocks with the intent to exercise dominant influence over the management right of an electric utility business entity (excluding an electricity generation business entity with electricity generating capacity of 20,000 kilowatts or less), falling under the standards prescribed by Presidential Decree.
(2) Where the competent permitting authority intends to grant authorization pursuant to paragraph (1), it shall examine the following matters in accordance with the procedures prescribed in Article 7: Provided, That if the permitting authority is a Mayor/Do Governor, deliberation by the Electrical Affairs Commission shall not be required. <Amended on Oct. 15, 2014; Feb. 18, 2020; Mar. 31, 2020>
1. Whether a person satisfies the criteria for issuing a license under Article 7;
2. Whether a person is not likely to undermine public interests as a result of acquisition, division, or merger by adversely affecting electricity supply and demand or lowering the quality of electricity;
3. Where a person commences the business within a preparation period referred to in Article 9 (1) (limited to solar energy generation projects, but this shall not apply to cases where a justifiable ground prescribed by Presidential Decree exists, such as where it is impractical to operate the business).
(3) Where the permitting authority grants approval pursuant to paragraph (1), he or she shall publish an announcement thereof, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013; Feb. 18, 2020>
(4) Where the permitting authority intends to grant approval pursuant to paragraph (1), he or she shall consult with the Nuclear Safety and Security Commission if the electric installation in question is a nuclear power plant. <Amended on Jul. 25, 2011; Mar. 23, 2013; Feb. 18, 2020>
[This Article Wholly Amended on May 21, 2009]
[Title Amended on Oct. 15, 2014]
 Article 10-2 (Report on Acquisition of Facilities Following Auction)
(1) When a person who has taken over all business facilities of an electric business operator pursuant to the procedure falling under any of the following subparagraphs intends to conduct an electricity business, he or she shall report it to the Minister of Trade, Industry and Energy, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy:
1. Auction under the Civil Execution Act;
2. Realization under the Debtor Rehabilitation and Bankruptcy Act;
3. Sales of seized property provided in the National Tax Collection Act, the Customs Act or the Local Tax Collection Act;
4. Procedures corresponding to those referred to in subparagraphs 1 through 3.
(2) Article 10 shall apply mutatis mutandis to the acceptance of a report.
[This Article Newly Inserted on Apr. 23, 2019]
 Article 11 (Succession to Business)
(1) Any of the following persons shall succeed to the status of a new electric utility business entity: <Amended on Apr. 23, 2019>
1. Where an unincorporated electric utility business entity dies, his or her heir;
2. A person who has acquired the electric utility business from its business entity by obtaining approval under Article 10 (1);
3. Where an incorporated electric utility business entity merges by obtaining approval under Article 10 (1), a corporation surviving or newly established after the corporate merger;
4. Where an incorporated electric utility business entity divides the corporation by obtaining approval under Article 10 (1), a corporation newly incorporated after the corporate division;
5. A person whose report on the acquisition of facilities has been accepted under Article 10-2. In such cases, the permission granted to the previous operator of the electric utility business shall lose its effect.
(2) Any of the following persons shall succeed to the status of a new electric utility business entity: <Newly Inserted on Jun. 12, 2018>
1. Where a new electric utility business entity transfers the entire business, the transferee thereof;
2. Where an unincorporated new electric utility business entity dies, his or her heir;
3. Where an incorporated new electric utility business entity merges with another corporation, a corporation surviving or newly established after the corporate merger;
4. Where an incorporated new electric utility business entity divides the corporation, a corporation newly incorporated after the corporate division.
(3) Article 8 (1) shall apply mutatis mutandis to the successors specified in paragraph (1), and Article 8 (2) shall apply mutatis mutandis to the successors specified in paragraph (2). <Amended on Jun. 12, 2018>
(4) A person who has succeeded to the status of a new electric utility business entity pursuant to paragraph (2), shall report such succession to the Minister of Trade, Industry and Energy, within 30 days from the date he or she succeeds to the status, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Newly Inserted on Jun. 12, 2018>
[This Article Wholly Amended on May 21, 2009]
 Article 11-2 (Succession to Effect of Disposition)
Where the status of an operator of the electric utility business is succeeded, the effect of the business suspension disposition (including a penalty surcharge imposed in lieu of the business suspension pursuant to Article 12) under Article 12 on the former operator of the electric utility business shall be succeeded to the person who has succeeded to the status, and if the procedures are underway with regard to the status of the person who has succeeded to such status, such procedures may be developed.
[This Article Newly Inserted on Apr. 23, 2019]
 Article 12 (Cancellation of Business License)
(1) Where an electric utility business entity falls under any of the following cases, the permitting authority may revoke his or her license; or may issue an order to suspend his or her business for a specified period not exceeding six months, subject to deliberation by the Electricity Regulatory Commission (excluding the case of electricity business in which the licensee is the Mayor/ Do Governor): Provided, That his or her license shall be revoked if he or she falls under any of subparagraphs 1 through 4 or 4-2: <Amended on Mar. 23, 2013; May 20, 2014; Oct. 15, 2014; Jun. 12, 2018; Feb. 18, 2020; Mar. 31, 2020>
1. Where any of the subparagraphs of Article 8 (1) is applicable.
2. Where he or she fails to establish electric installations and to commence business within the period for preparation prescribed in Article 9;
3. Where the foreign investment made in an electricity generation business entity running a nuclear power plant (hereinafter referred to as "nuclear power generation business entity") falls under Article 2 (1) 4 of the Foreign Investment Promotion Act;
4. Where he or she obtains a license or a modified license pursuant to Article 7 (1) by fraud or other improper means;
4-2. Where he or she fails to commence works due to failure to obtain approval of his or her plan for the works under Article 61 (1) without any just ground by the time determined and publicly notified by the Minister of Trade, Industry and Energy;
5. Where he or she fully or partially acquires by transfer the electric utility business, or divides or merges any corporation without obtaining approval therefor pursuant to Article 10 (1);
6. Where he or she refuses to supply electricity without any just ground, in violation of Article 14;
7. Where he or she permits the use of any electric installations or supplies electricity without obtaining approval or modification of approval from the Minister of Trade, Industry and Energy, in violation of Article 15 (1) or 16 (1);
8. Where he or she violates an order issued by the Minister of Trade, Industry and Energy pursuant to Article 18 (3);
9. Where the business entity, etc. fail to comply with an order by the permitting authority under Article 23 (1);
10. Where he or she violates an order issued by the Minister of Trade, Industry and Energy pursuant to Article 29 (1);
10-2 Where a person who disobeys an order of the Minister of Trade, Industry and Energy issued under Article 31-2 (2);
11. Where an electric utility business entity required to trade electricity only under an agreement on compensation for difference pursuant to Article 34 (2) trades electricity without such agreement on compensation for difference approved under paragraph (3) of the same Article;
12. Where he or she fails to obtain approval or to report pursuant to Article 61 (1) through (4);
13. Where he or she performs accounting operations in violation of Article 93 (1);
14. Where he or she operates the electric utility business during a period of business suspension.
(2) Where a new electric utility business entity falls under any of the following cases, the Minister of Trade, Industry and Energy may revoke registration of the business or may issue an order to suspend the business operations to such business entity for a specified period not exceeding six months: Provided, That the registration shall be revoked if he or she falls under any of subparagraphs 1 through 3: <Newly Inserted on Jun. 12, 2018>
1. Where he or she files for registration of, the business under Article 7-2 (1) or modification thereof under Article 7-2 (4), by fraud or other improper means;
2. Where he or she ceases to meet any of the criteria for registration in Article 7-2 (3): Provided, That this shall not apply if such criteria are satisfied within 30 days;
3. Where any of the subparagraphs of Article 8 (2) is applicable.
4. Where he or she refuses to supply electricity without any just ground, in violation of Article 14;
5. Where he or she violates an order issued by the Minister of Trade, Industry and Energy pursuant to Article 23 (1);
6. Where he or she engages in the new electric utility business during a period of business suspension.
(3) In any of the following cases, paragraph (1) or (2) shall not apply for six months after the relevant grounds arise: <Amended on Jun. 12, 2018>
1. Where a corporation falls under Article 8 (1) 6 or Article 8 (2) 3;
2. Where a nuclear power generation business entity falls under paragraph (1) 3;
3. Where a successor to the status of an electric utility business entity falls under any of Article 8 (1) 1 through 5;
4. Where a successor to the status of a new electric utility business entity falls under Article 8 (2) 1 or 2
(4) Where it is recognized that an electric distribution business entity fails to operate his or her licensed electric utility business in part of his or her business zone, in violation of Article 6, the permitting authority may reduce any part of his or her business zone. <Amended on Mar. 23, 2013; Jun. 12, 2018; Feb. 18, 2020>
(5) In any of the following cases, the permitting authority may impose a surcharge not exceeding 50 million won in lieu of a business suspension order if business suspension is likely to cause considerable inconvenience to electricity consumers, etc., or otherwise jeopardize any public interest, as prescribed by Presidential Decree: <Amended on Jun. 12, 2018; Feb. 18, 2020; Mar. 31, 2020>
1. Any of the entities referred to in Article 1 (3) 5 through 10 and 11 through 14;
2. Where a new electric utility business entity falls under any of paragraph (2) 4 through 6.
(6) The standards for dispositions by type of violation, to be imposed under paragraph (1) or (2) and the standards for imposing surcharges under paragraph (5) shall be determined by Presidential Decree. <Amended on Jun. 12, 2018>
(7) If a person who shall pay a penalty surcharge imposed under paragraph (5) fails to pay it by the payment deadline, the permitting authority shall collect it in the same manner as delinquent national taxes are collected or in accordance with the Act on the Collection of Local Non-Tax Revenue. <Amended on Mar. 23, 2013; Jun. 12, 2018; Feb. 18, 2020; Mar. 24, 2020>
[This Article Wholly Amended on May 21, 2009]
 Article 13 (Hearings)
The permitting authority shall hold a hearing in any of the following cases: <Amended on Feb. 18, 2020>
1. Where he or she intends to revoke a license pursuant to Article 12 (1);
2. Where intending to revoke the registration in accordance with Article 12 (2).
[This Article Wholly Amended on Jun. 12, 2018]
SECTION 2 Duties
 Article 14 (Obligation to Supply Electricity)
No electricity generation business entity, electric sales business entity, and electric vehicle charging business entity shall refuse to supply electricity without any just cause prescribed by Presidential Decree. <Amended on Jan. 27, 2016; Jun. 12, 2018>
[This Article Wholly Amended on May 21, 2009]
 Article 15 (Charges for Use of Electric Installations for Transmission and Distribution of Electric Power)
(1) An electric transmission business entity or an electric distribution business entity shall set charges for the use of electric installations and other terms and conditions of use, as prescribed by Presidential Decree; and shall obtain approval therefor from the Minister of Trade, Industry and Energy. The same shall apply to any modification thereof. <Amended on Mar. 23, 2013>
(2) When the Minister of Trade, Industry and Energy intends to grant approval under paragraph (1), he or she shall submit the case to the Electricity Regulatory Commission for deliberation. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on May 21, 2009]
 Article 16 (Terms and Conditions of Electricity Supply)
(1) An electric sales business entity shall prepare terms and conditions concerning electric rates and other conditions of supply (hereinafter referred to as "basic terms and conditions of supply") and obtain approval from the Minister of Trade, Industry and Energy, as prescribed by Presidential Decree. The same shall apply to any modification thereof. <Amended on Mar. 23, 2013>
(2) When the Minister of Trade, Industry and Energy intends to grant approval under paragraph (1), he or she shall submit the case to the Electricity Regulatory Commission for deliberation. <Amended on Mar. 23, 2013>
(3) An electric sales business entity may prepare terms and conditions on rates and conditions different from those prescribed in the basic terms and conditions of supply within the extent necessary for the efficient management of the demand for electricity (hereinafter referred to as "alternative terms and conditions of supply"), and electricity consumers may choose matters prescribed in the alternative terms and conditions of supply in lieu of the basic terms and conditions of supply.
(4) An electric sales business entity shall retain the written basic terms and conditions of supply including the alternative terms and conditions of supply (hereinafter referred to as "terms and conditions of supply") at sales offices, places of business, etc., and make them available for inspection by electricity consumers before the enforcement of such terms and conditions.
(5) An electric sales business entity shall provide electricity in accordance with the terms and conditions of supply.
[This Article Wholly Amended on May 21, 2009]
 Article 16-2 (Reporting of Terms and Conditions of New Electric Utility Business)
(1) A new electric utility business entity may prepare terms and conditions concerning charges and other conditions of use; and may file a report with the Minister of Trade, Industry and Energy thereon, as prescribed by Presidential Decree. The same shall apply to any modification thereof.
(2) Where an new electric utility business entity has reported on terms and conditions or amendment thereto pursuant to paragraph (1), he or she shall use the terms and conditions for which such a report or report on amendment has been filed.
(3) The terms and conditions in paragraph (1) shall meet each of the following requirements:
1. The unit charge or unit price shall be expressly stated;
2. Rights and responsibilities of, and costs to be borne by, the following persons (hereafter in this Article, referred to as "consumers"), and other matters shall be stated adequately and expressly:
(a) A person who receives electricity from an electric vehicle charging business entity;
(b) The owner of any small-scale electricity resources that a small-scale electricity brokerage business entity has collected;
3. No particular person shall be treated unfairly and be discriminated against;
4. No charges or the conditions of use shall be socially or economically inappropriate, and are likely to harm the fair interests of consumers;
5. No affairs of other new electric utility business entities shall be hindered by such act as restricting consumers' rights to select a new electric utility business entity;
6. No matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy shall be violated due to any other contents that harm the interests of consumers or restrict fair competition.
(4) The Minister of Trade, Industry and Energy may determine and publicly notify the detailed criteria concerning the requirements for the terms and conditions referred to in paragraph (3).
(5) The Minister of Trade, Industry and Energy shall give notice upon accepting a report on the terms and conditions or report on modification thereof filed under paragraph (1) whether to accept the report; the grounds for delayed acceptance thereof; or an extension of the processing period under statutes or regulations relating to processing civil petitions, within seven days after receiving the same. In such cases, where no notice is given regarding acceptance of the relevant report; the grounds for delayed acceptance thereof; or an extension of the processing period, within seven days, the report shall be deemed accepted on the date after seven days have passed (referring to the relevant processing period if the processing period has been extended or re-extended under statutes or regulations relating to processing civil petitions).
(6) To establish orderly fair trade for the new electric utility business, the Minister of Trade, Industry and Energy may establish or modify the standard terms and conditions after consultation with the Chairperson of the Fair Trade Commission.
(7) Any new electric utility business entity shall use the standard terms and conditions established under paragraph (6) if he or she has failed to report on the terms and conditions or modification thereof under paragraph (1).
(8) Matters necessary for reporting the terms and conditions under paragraph (1) and other necessary matters, shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
[This Article Newly Inserted on Jun. 12, 2018]
[Previous Article 16-2 moved to Article 16-3 <Jun. 12, 2018>]
 Article 16-3 (Trading Electricity between District Electric Business Entities and Electric Sales Business Entities)
(1) Where there is a shortage or surplus of electricity due to an accident or any other cause determined by Ordinance of the Ministry of Trade, Industry and Energy, a district electric business entity may transact on such portion of shortage or surplus with an electric sales business entity. <Amended on Mar. 23, 2013>
(2) No electric sales business entity may refuse the transactions referred to in paragraph (1) except on justifiable grounds.
(3) An electric sales business entity shall formulate terms and conditions on electric rates and other conditions of transaction (hereinafter referred to as "supplementary terms and conditions of supply") in relation to the transactions in paragraph (1); and shall obtain approval therefor from the Minister of Trade, Industry and Energy. The same shall apply to any modification thereof. <Amended on Mar. 23, 2013>
(4) Article 16 (2) shall apply mutatis mutandis to approval under paragraph (3).
[This Article Wholly Amended on May 21, 2009]
[Moved from Article 16-2 <by Jun. 12, 2018>]
 Article 16-4 (Prohibiting Electric Sales Business Entities from Refusing to Engage in Electric Power Trading with Electric Vehicle Charging Business Entities)
No electric sales business entity or district electric business entity shall refuse to engage in electric power trading with an electric vehicle charging business entity without any just cause.
[This Article Newly Inserted on Jun. 12, 2018]
 Article 17 (Requests for Electric Rates)
An electric sales business entity shall specify details of the electric rates for each item in the electric bills charged to electric consumers, in the manner prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on May 21, 2009]
 Article 17-2 (Request for Cooperation to Related Agencies)
(1) In order to calculate electric rates, an operator of the electric sales business shall request the head of the relevant agency to provide data, such as the national register of persons of distinguished service to the State, basic stability recipients, registration of persons with disabilities, resident registration information, family relation registration information, and overseas national registration information, or related information systems and related electronic computer networks under Article 37 (2) of the Framework Act on Social Security. In such cases, the head of a relevant agency in receipt of a request shall comply with such request, unless there is good cause.
(2) No person who performs or performed duties by utilizing data or information under paragraph (1) shall use the data or information he/she has received or obtained for other than the purposes prescribed by this Act, or provide or divulge such data or information to any other person or institution.
(3) Any data to be provided to the operator of the electric sales business under paragraph (1) shall be exempted from any fees, usage fees, etc.
(4) The specific scope of data or information for request the pursuant to paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Oct. 20, 2020]
 Article 18 (Maintenance of Quality of Electricity)
(1) Electric utility business entities, etc. shall maintain the quality of the electricity that he or she provides, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013; Jun. 12, 2018>
(2) An electric utility business entity and the Korea Power Exchange shall assess the quality of electric services; and shall record and preserve the results thereof, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013>
(3) Where the Minister of Trade, Industry and Energy deems that the interests of electricity consumers are adversely affected because the quality of electric services that electric utility business entities, etc. provide has not been maintained at a sufficient level in compliance with paragraph (1), he or she may order such electric utility business entities, etc. to repair or remodel electric installations, to improve the method of operating them; and to take other appropriate measures, subject to deliberation by the Electricity Regulatory Commission. <Amended on Mar. 23, 2013; Jun. 12, 2018>
[This Article Wholly Amended on May 21, 2009]
 Article 19 (Installation and Management of Electric Meters)
(1) Any of the following persons shall install and manage electric meters to measure the volume of electricity traded by time slot:
1. Electricity generation business entities (excluding electricity generation business entities determined by Presidential Decree);
2. Persons that have set up electric installations for private use (limited to where electricity is traded pursuant to the proviso to Article 31 (2));
3. District electric business entities (limited to where electricity is traded pursuant to Article 31 (3));
4. Electric distribution business entities;
5. Electricity consumers who directly purchase electricity under the proviso to Article 32.
(2) Matters concerning the permissible errors, etc., of electric meters installed under paragraph (1) shall be determined by the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on May 21, 2009]
 Article 20 (Providing Services for Using Electric Installations)
(1) An electric transmission business entity or an electric distribution business entity shall make electric installations available for other electric utility business entities, etc. or electricity consumers who directly purchase electricity pursuant to the proviso to Article 32 without any discrimination towards them. <Amended on Jun. 12, 2018>
(2) An electric utility business entity may lease electric installations to those who need to install electric communications wire facilities (hereinafter referred to as "telecommunications line installations") under Article 37 (2) of the Framework Act on Intelligent Informatization. <Amended on Jun. 22, 2015; Jun. 9, 2020>
(3) When an agreement has been reached pursuant to Article 37 (4) of the Framework Act on Intelligent Informatization, an electric utility business entity shall contractually lease electric installations to the person who has requested mediation under paragraph (3) of the same Article. <Amended on Jun. 22, 2015; Jun. 9, 2020>
(4) A person who installs telecommunications line installations with electric installations leased under paragraphs (2) and (3) shall comply with the technical standards referred to in Article 67. <Amended on Mar. 31, 2020>
[This Article Wholly Amended on May 21, 2009]
 Article 20-2 (Disclosure of Information on Electric Installations)
An electric transmission business entity or an electric distribution business entity shall disclose information on electric installations, such as the capacity of electric installations and the status of usage of electric utility business entities, so that other electric utility business entities may use such installations, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
[This Article Newly Inserted on Apr. 23, 2019]
 Article 21 (Forbidden Act)
(1) No electric utility business entities, etc. shall engage in any of the following conduct which may jeopardize fair competition in the electricity market or the interests of electricity consumers, or may cause another person to engage in such conduct: <Amended on Jun. 12, 2018; Feb. 4, 2020>
1. Submitting false materials on electricity produced at an electric power station, to the Korea Power Exchange in an attempt to manipulate the electricity trading price under Article 33 to an unduly high level;
2. Unfairly discriminating in providing services to use electric installations for transmission or distribution of electric power; failing to perform his or her duty of providing such services; or delaying to perform such duty;
3. Interfering in the activities of other electric utility business entities, etc. or unfairly compromising the interests of the electricity consumers by unfairly using it for own personal interests or using such information on other electric utility business entities, etc. that he or she has acquired in the course of providing services to use electric installations for transmission or distribution of electric power;
4. Unreasonably setting electric rates or charges for using electric installations for transmission or distribution of electric power by unreasonably classifying costs or revenues;
5. Substantially harming the interests of electricity consumers in the course of supplying electricity, such as delaying in performing service, by electric utility business entities, etc.;
6. Failing to follow the instructions of the Korea Power Exchange without any just grounds.
(2) The types of, and criteria for, the conduct under paragraph (1) shall be determined by Presidential Decree.
[This Article Wholly Amended on May 21, 2009]
 Article 22 (Fact-Finding Surveys, etc.)
(1) If deemed necessary to protect public interests or if electric utility business entities, etc. are deemed to have engaged in prohibited conduct prescribed in Article 21 (1), the permitting authority may have a public official belonging to the Electricity Regulatory Commission (in the case of an electric business operator whose permitting authority is a mayor/do governor, referring to a public official belonging to the relevant city or Do; hereinafter in this Article the same shall apply) conduct an investigation to verify the fact. <Amended on Mar. 23, 2013; Jun. 12, 2018; Feb. 18, 2020>
(2) If necessary to conduct an investigation under paragraph (1), the permitting authority may require electric utility business entities, etc. to submit necessary materials or objects; and may have a public official belonging to the Electricity Regulatory Commission enter the office or place of business of such electric utility business entities, etc. or the place of business of any other person entrusted thereby with the affairs of electric utility business entities, etc., to investigate account books, documents, and other materials or articles, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jun. 12, 2018; Feb. 18, 2020>
(3) Where the permitting authority conducts an investigation under paragraph (2), he or she shall notify a person subject to the investigation of the investigation plan stating the date, grounds for investigation, matters to be investigated, etc., at least seven days before the investigation: Provided, That the same shall not apply where urgency is required; or where it is deemed that the purpose of investigation cannot be achieved if evidence or similar is destroyed where prior notice is given. <Amended on Mar. 23, 2013; Feb. 18, 2020>
(4) A public official who enters an office or a place of business and engages in the investigation pursuant to paragraph (2) shall carry a document verifying his or her authority; and shall present it to the interested parties, and, during the investigation, shall issue to the interested parties a certificate stating the date, purpose, etc., of the investigation.
[This Article Wholly Amended on May 21, 2009]
 Article 23 (Measures against Prohibited Acts)
(1) Where it is deemed that electric utility business entities, etc. have engaged in prohibited conduct prescribed in Article 21 (1), the permitting authority may order the electric utility business entities, etc. to take any of the following measures or to take disciplinary action against the executive officer or employee involved in the prohibited conduct, after deliberation by the Electricity Regulatory Commission: Provided, That in the case of a new electric business operator and an electric business operator whose permitting authority is a Mayor/ Do Governor, deliberation by the Electricity Regulatory Commission shall be omitted: <Amended on Mar. 23, 2013; Jan. 27, 2016; Jun. 12, 2018; Feb. 18, 2020>
1. Providing services for using electric installations for transmission or distribution of electric power;
2. Amending the internal regulations, etc.;
3. Releasing information;
4. Suspension of prohibited acts;
5. Publicly announcing the fact that he or she has been ordered to take corrective measures due to engaging in the prohibited conduct;
6. Other necessary matters prescribed by Presidential Decree for rectifying violations caused by prohibited conduct.
(2) Electric utility business entities, etc. in receipt of an order by the Minister of Trade, Industry and Energy pursuant to paragraph (1), shall implement the order within the period determined by the permitting authority: Provided, That if the electric utility business entities, etc. are deemed unable to comply with the order within the period due to a natural disaster or any other unavoidable cause, the permitting authority may extend the period for implementing the order. <Amended on Mar. 23, 2013; Jun. 12, 2018; Feb. 18, 2020>
[This Article Wholly Amended on May 21, 2009]
 Article 24 (Imposition and Collection of Surcharge for Prohibited Conducts)
(1) Where any electric utility business entities, etc. engage in prohibited conduct prescribed in Article 21 (1), the permitting authority may impose and collect a surcharge of up to 5/100 of the amount of sales of such electric utility business entities, etc., as prescribed by Presidential Decree, subject to deliberation by the Electricity Regulatory Commission (excluding where new electric business operators and electric business operators whose permitting authority is a Mayor/Do Governor): Provided, That the Minister of Trade, Industry and Energy may impose or collect a surcharge not exceeding one billion won in cases determined by Presidential Decree, where no sales have been made or the amount of sales is difficult to ascertain. <Amended on Mar. 23, 2013; Jun. 12, 2018; Feb. 18, 2020>
(2) The types of violations and criteria for imposing surcharges under paragraph (1) and other necessary matters shall be determined by Presidential Decree.
(3) If a person who shall pay a penalty surcharge imposed under paragraph (1) fails to pay it by the payment deadline, the permitting authority shall collect it in the same manner as delinquent national taxes are collected or in accordance with the Act on the Collection of Local Administrative Penalty Charges. <Amended on Mar. 23, 2013; Feb. 18, 2020; Mar. 24, 2020>
[This Article Wholly Amended on May 21, 2009]
 Article 24-2 (Application Mutatis Mutandis to District Electric Business Entities)
Articles 14 through 16, 17, and 20 (1) shall apply mutatis mutandis to a district electric business entity.
[This Article Wholly Amended on May 21, 2009]
CHAPTER III STABILITY OF ELECTRICITY SUPPLY AND DEMAND
 Article 25 (Formulation of Master Plan for Electricity Supply and Demand)
(1) The Minister of Trade, Industry and Energy shall formulate a master plan for electricity supply and demand (hereinafter referred to as "master plan") to stabilize electricity supply and demand. <Amended on Mar. 23, 2013; Jul. 30, 2013>
(2) Where the Minister of Trade, Industry and Energy intends to formulate or change a master plan, he or she shall consult with the heads of relevant central administrative agencies; collect opinions through a public hearing; and finalize it following deliberation by the Electric Policy Council under Article 47-2: Provided, That where there exists a cause prescribed by Presidential Decree, such as that a public hearing fails to be held in an ordinary manner due to a cause not imputable to the Minister of Trade, Industry and Energy, he or she need not hold a public hearing; in such cases, public opinions shall be heard by a method corresponding to the public hearing, as prescribed by Presidential Decree. <Newly Inserted on Jul. 30, 2013>
(3) Where minor matters prescribed by Presidential Decree in the master plan are to be changed, the procedures under paragraph (2) may be omitted. <Newly Inserted on Jul. 30, 2013>
(4) Where the master plan is determined pursuant to paragraph (2), the Minister of Trade, Industry and Energy shall announce it publicly without delay; and shall notify the heads of relevant central administrative agencies of such fact. <Newly Inserted on Jul. 30, 2013>
(5) Where the master plan is formulated or changed, the Minister of Trade, Industry and Energy shall report to the relevant standing committee of the National Assembly. In such cases, matters to be considered under Article 3 (2) shall be included. <Newly Inserted on Jul. 30, 2013; Mar. 21, 2017>
(6) The master plan shall include the following: <Amended on Jul. 30, 2013; May 18, 2015; Apr. 23, 2019>
1. Matters concerning the basic direction-setting for electricity supply and demand;
2. Matters concerning the long-term outlook for electricity supply and demand;
3. Matters concerning plans for generation installations and plans for major transmission and substation facilities;
4. Matters concerning managing electricity demand;
5. Matters concerning evaluating the preceding master plan;
5-2. Matters concerning the expansion of sources of distribution;
6. Other matters deemed necessary for electricity supply and demand.
(7) The Minister of Trade, Industry and Energy shall endeavor to make the master plan compliant with the targets for the reduction of greenhouse gases referred to in Article 42 of the Framework Act on Low Carbon, Green Growth. <Newly Inserted on Jul. 30, 2013>
(8) Where necessary to formulate the master plan, the Minister of Trade, Industry and Energy may request electric utility business entities, the Korea Power Exchange, and other related agencies and organizations prescribed by Presidential Decree to submit relevant data. <Amended on Mar. 23, 2013; Jul. 30, 2013>
(9) Other necessary matters for formulating the master plan shall be prescribed by Presidential Decree. <Amended on Jul. 30, 2013>
[This Article Wholly Amended on May 21, 2009]
 Article 25-2 (Implementation of Basic Inspection)
(1) Where the Minister of Trade, Industry and Energy formulates the master plan, he or she shall direct a person that intends to engage in the electricity generation business under subparagraph 3 of Article 2 to conduct a basic inspection including possible effects on the relevant area and to hear the opinions of residents, relevant specialists, etc.
(2) Necessary matters concerning the methods and procedures for the basic inspection and opinion hearing under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Jul. 30, 2013]
 Article 26 (Reporting of Plans for Establishing Electric Installations)
An electric utility business entity shall formulate and report plans for establishing electric installations and for supplying electricity to the Minister of Trade, Industry and Energy, as prescribed by Presidential Decree. The same shall apply to any modification of reported matters. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on May 21, 2009]
 Article 27 (Obligations of Electric Transmission Business Entities)
An electric transmission business entity, an electric distribution business entity, and a district electric business entity shall be equipped with, and maintain and manage, installations meeting the standards determined and publicly notified by the Minister of Trade, Industry and Energy so as to smoothly transmit or distribute electricity in response to changes in the supply of and demand for electricity. <Amended on Dec. 30, 2003; Dec. 23, 2005; Feb. 29, 2008; Mar. 23, 2013>
 Article 27-2 (Maintenance of Credibility of Electric Power System)
(1) The Minister of Trade, Industry and Energy shall determine and publicly notify the standards for maintaining the credibility of electric power systems.
(2) The Korea Power Exchange and electric utility business entities shall maintain credibility of electric power systems according to the standards referred to in paragraph (1).
(3) The Minister of Trade, Industry and Energy shall monitor, evaluate, investigate, etc., whether the credibility of electric power systems is maintained (hereinafter referred to as "management of credibility of electric power systems") and shall disclose the findings. <Amended on May 18, 2015>
(4) Where necessary to manage credibility of electric power systems, the Minister of Trade, Industry and Energy may request the Korea Power Exchange and electric utility business entities to submit data. In such cases, those who are requested to submit data shall comply with the request, unless there is a compelling reason not to do so.
(5) Where the credibility of electric power systems is not deemed properly maintained in accordance with the standards referred to in paragraph (1) to the detriment of the interests of electricity consumers, the Minister of Trade, Industry and Energy may order the Korea Power Exchange and electric utility business entities to take necessary measures after deliberation by the Electricity Regulatory Commission. <Newly Inserted on May 18, 2015>
[This Article Newly Inserted on Jul. 30, 2013]
 Article 28 (Plans for Manufacture and Supply of Fuels for Nuclear Power Generation)
Any person that intends to manufacture and supply fuel for the nuclear power generation for nuclear power generation business entities shall, as prescribed by Presidential Decree, formulate a long-term plan for the manufacture and supply of fuel for nuclear power generation and shall obtain approval thereof by the Minister of Trade, Industry and Energy. The same shall apply to any amendment to approved matters. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on May 21, 2009]
 Article 29 (Control of Electricity Demand and Supply)
(1) In cases of natural calamities, wars, internal turmoil, sudden economic fluctuations, and other events similar thereto, the Minister of Trade, Industry and Energy may, if deemed particularly necessary for the sake of public interests, issue any of the following orders to an electric utility business entity or a person that has set up electric installations for private use: <Amended on Mar. 23, 2013>
1. Supply of electricity to specific electric sales business entities or specific district electric business entities;
2. Supply of electricity to specific electricity consumers;
3. Provision of services for the use of electric installations for transmission or distribution of electric power by specific electric sales business entities, specific district electric business entities, or specific electricity consumers.
(2) Where any order has been issued under paragraph (1), the amount of money to be paid or received between the parties and other necessary matters shall be determined by a mutual agreement between the parties.
[This Article Wholly Amended on May 21, 2009]
 Article 30 (Compensation for Losses)
Where an electric utility business entity or a person that has set up electric installations for private use as ordered pursuant to Article 29 (1) suffers a loss, the Minister of Trade, Industry and Energy shall pay due compensation. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on May 21, 2009]
CHAPTER IV ELECTRICITY MARKET
SECTION 1 Formation of Electricity Market
 Article 31 (Electricity Trading)
(1) An electricity generation business entity and an electric sales business entity shall engage in electricity trading in the electricity market, pursuant to the rules on operating the electricity market referred to in Article 43: Provided, That this shall not apply to cases prescribed by Presidential Decree, including islands.
(2) No person that has established electric installations for private use shall trade any electricity he or she produces in the electricity market: Provided, That this shall not apply to cases prescribed by Presidential Decree.
(3) Where there is a shortage or surplus of electricity in a particular supply district, the relevant district electric business entity may trade such amount of shortage or surplus in the electricity market, as prescribed by Presidential Decree.
(4) An electric sales business entity may preferentially purchase the electricity produced by any of the following persons, as prescribed by the rules on operating the electricity market referred to in Article 43: <Amended on Jul. 30, 2013>
1. An electricity generation business entity with a scale not exceeding that determined by Presidential Decree;
2. A person who has established electric installations for private use (limited to where electricity is traded pursuant to the proviso to paragraph (2));
3. An electric generation business entity that produces electricity using new and renewable energy as defined in subparagraphs 1 and 2 of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy;
4. An integrated energy supply business entity deemed licensed to generate electricity pursuant to Article 48 of the Integrated Energy Supply Act;
5. An electricity generation business entity that operates a hydraulic power station.
(5) A person prescribed by Presidential Decree, among persons registered as a supplier of smart grid services pursuant to Article 12 (1) of the Smart Grid Construction and Utilization Promotion Act (hereinafter referred to as "demand management service provider"), may trade electricity in the electricity market in accordance with the rules on operating the electricity market provided for in Article 43: Provided, That where a business entity belonging to a business group subject to limitations on cross-shareholding under Article 9 (1) of the Monopoly Regulation and Fair Trade Act among demand management service providers trades electricity, it shall meet the standards for the ratio of amount of traded electricity prescribed by Presidential Decree. <Newly Inserted on May 20, 2014>
(6) A small-scale electricity brokerage business entity shall trade, in the electricity market, electricity produced or stored using small-scale electricity resources that he or she has collected, as prescribed by the rules on operating the electricity market established under Article 43. <Newly Inserted on Jun. 12, 2018>
[This Article Wholly Amended on May 21, 2009]
 Article 31-2 (Transaction of Renewable Energy Exclusively Established in Mountainous Districts)
(1) Where an operator of the electricity generation business who intends to conduct electricity trading by installing a renewable energy facility falling under subparagraph 2 (a) and (b) of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy in a mountainous district defined in subparagraph 1 of Article 2 of the Mountainous Districts Management Act, he/she shall complete the order for interim recovery (including restoration completion inspection accordingly) under Article 39 (2) of the Mountainous Districts Management Act before the electricity trading.
(2) Where an electricity generation business entity referred to in paragraph (1) has traded electricity without completing interim recovery, in which case the Administrator of the Korea Forest Service, etc. requests suspension of business pursuant to Article 41-2 (2) of the Mountainous Districts Management Act, the Minister of Trade, Industry and Energy may order suspension of business until the completion of interim recovery.
(3) Notwithstanding paragraph (2), where restoration completion is inevitably delayed due to seasonal factors or partial completion of restoration is possible or other grounds prescribed by Presidential Decree exist, the Minister of Trade, Industry and Energy may postpone an order for suspension of business for a period not exceeding six months.
(4) Matters necessary for the method, procedure and cancellation of business suspension order pursuant to paragraph (2) shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Mar. 31, 2020]
 Article 32 (Direct Purchase of Electricity)
No electricity consumer may purchase electricity directly from the electricity market: Provided, That this shall not apply to a consumer who uses a volume exceeding that prescribed by Presidential Decree.
[This Article Wholly Amended on May 21, 2009]
 Article 33 (Electricity Trading Price and Settlement)
(1) The price of electricity traded in the electricity market (hereinafter referred to as "electricity trading price") shall be governed by the interaction between supply of, and demand for, electricity, measured by time slot. <Amended on Mar. 30, 2011>
(2) Notwithstanding paragraph (1), if necessary for the protection of electricity consumers, the Minister of Trade, Industry and Energy may determine and publicly notify the maximum electricity trading price. In such cases, the Minister of Trade, Industry and Energy shall submit the case to the Electricity Regulatory Commission for deliberation in advance. <Newly Inserted on May 20, 2014>
(3) The settlement of electricity transactions shall be based on the electricity trading price, and the detailed methods for settlement shall comply with the rules on operating the electricity market under Article 43. <Newly Inserted on Mar. 30, 2011; May 20, 2014>
[Title Amended on Mar. 30, 2011]
 Article 34 (Agreement on Compensation for Difference)
(1) An electricity generation business entity may enter into an agreement (hereinafter referred to as "agreement on compensation for difference") with an electricity purchaser (referring to an electric sales business entity, a district electric business entity who purchases electricity pursuant to Article 31 (3), or an electricity consumer who directly purchases electricity pursuant to the proviso to Article 32; hereafter the same shall apply in this Article) whereby a base price is established to reduce risks arising from fluctuations in electricity trading prices and the difference between the base price and the electricity trading price is compensated. <Amended on May 20, 2014>
(2) To stabilize supply of, and demand for, electricity and to protect the interests of electricity consumers, electricity generation business entities, and electricity purchasers meeting the standards prescribed by Presidential Decree shall trade electricity only by an agreement on compensation for difference in the volume of electricity determined and publicly notified by the Minister of Trade, Industry and Energy: Provided, That where contributions provided for in Article 44 (2) 1 of the Act on Construction of Dams and Assistance, etc. to Their Environs are decreased as a result of entering into an agreement on compensation for difference, electricity purchasers shall make up for the decreased contributions as prescribed by Presidential Decree. <Newly Inserted on May 20, 2014>
(3) An electricity generation business entity and an electricity purchaser who have entered into an agreement on compensation for difference pursuant to paragraph (2) shall jointly obtain approval of the agreement on compensation for difference from the Minister of Trade, Industry and Energy, as prescribed by Presidential Decree. The same shall also apply to the modification thereof. <Newly Inserted on May 20, 2014>
(4) Where the Minister of Trade, Industry and Energy intends to grant authorization provided for in paragraph (3), he or she shall submit the case to the Electricity Regulatory Commission for deliberation: Provided, That the deliberation by the Electricity Regulatory Commission may be omitted for minor matters prescribed by Presidential Decree. <Newly Inserted on May 20, 2014>
[This Article Wholly Amended on May 21, 2009]
SECTION 2 Korea Power Exchange
 Article 35 (Establishment)
(1) The Korea Power Exchange shall be established to operate the electricity market and the electric power system.
(2) The Korea Power Exchange shall be a juristic person.
(3) The location of the principal office of the Korea Power Exchange shall be prescribed by its articles of incorporation. <Amended on Mar. 30, 2011>
(4) The Korea Power Exchange shall be duly formed by registering its establishment at the registry in the area where the principal office is located.
[This Article Wholly Amended on May 21, 2009]
 Article 36 (Business Activities)
(1) The Korea Power Exchange shall conduct the following to achieve its purposes: <Amended on Jun. 12, 2018>
1. Opening and operating the electricity market and small-scale electricity brokerage market;
2. Electricity trading;
3. Screening membership qualifications;
4. Charging, adjusting, and paying the value of electricity trading and the cost arising from the electricity trading;
5. Calculating the volume of electricity traded;
6. Establishing and amending all the related rules and regulations, including the rules on operating the electricity market established under Article 43 and the rules on operating the brokerage market established under Article 43-2;
7. Operating the electric power system;
8. Measuring the quality of electricity and recording and preserving the results thereof under Article 18 (2);
9. Business incidental to the business under subparagraphs 1 through 8.
(2) The Korea Power Exchange may entrust part of its business under paragraph (1) to another agency or organization.
(3) The Korea Power Exchange may keep a separate account for each of its business areas, the nature of which is different from each other.
[This Article Wholly Amended on May 21, 2009]
 Article 37 (Matters to Be Provided for in Articles of Association)
The articles of incorporation of the Korea Power Exchange shall include the following as well as those provided for in Article 16 (1) of the Act on the Management of Public Institutions:
1. Matters regarding assets;
2. Matters concerning members;
3. Membership deposits;
4. Transfer and return of the equity of members.
[This Article Wholly Amended on May 21, 2009]
 Article 38 (Relationship to Other Statutes)
Except as otherwise provided for in this Act and the Act on the Management of Public Institutions, the provisions of the Civil Act concerning the incorporated associations (excluding Article 39 of the same Act) shall apply mutatis mutandis to the Korea Power Exchange. In such cases, "members", "general meeting of members", and "directors or auditors" of the incorporated associations shall be deemed "members", "general meeting of members", and "executive members of the Korea Power Exchange", respectively.
[This Article Wholly Amended on May 21, 2009]
 Article 39 (Qualification for Membership)
The following persons can be members of the Korea Power Exchange: <Amended on May 20, 2014; Jun. 12, 2018>
1. Electricity generation business entities trading electricity in the electricity market;
2. Electric sales business entities;
3. Electricity consumers who purchase electricity directly from the electricity market;
4. Persons equipped with electric installations for private use, trading electricity in the electricity market;
5. District electric business entities trading electricity in the electricity market;
6. Persons who meet requirements prescribed by the articles of incorporation of the Korea Power Exchange, among those who do not trade electricity in the electricity market;
7. Demand management service providers trading electricity in the electricity market;
8. Small-scale electricity brokerage business entities trading electricity in the electricity market.
[This Article Wholly Amended on May 21, 2009]
 Article 40 (Expenses Incurred in Operation of Korea Power Exchange)
(1) Expenses incurred in the operation of the Korea Power Exchange shall be borne by the following funds: <Amended on Mar. 23, 2013>
1. Membership fees;
2. Commissions for electricity trading;
3. Other revenues specified by Ordinance of the Ministry of Trade, Industry and Energy.
(2) The Korea Power Exchange shall, as prescribed by Presidential Decree, determine the commissions referred to in paragraph (1) 2 and report thereupon to the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on May 21, 2009]
 Article 41 (Disclosure of Information)
(1) For the fair trade of electricity, the Korea Power Exchange shall, as prescribed by Presidential Decree, disclose information about the operation of the electricity market and the electric power system, such as the amount of electricity traded, electricity trading price, and outlook of electricity demand.
(2) Where an electric utility business entity demands the provision of data on operating the electricity market and the electric power system, the Korea Power Exchange shall comply therewith unless there is a compelling reason not to do so, such as the contents thereof infringing on trade secrets (referring to trade secrets under subparagraph 2 of Article 2 of the Unfair Competition Prevention and Trade Secret Protection Act) of other electric utility business entities.
[This Article Wholly Amended on May 18, 2015]
 Article 42 (Executive Officers' and Employees' Duty to Keep Confidential)
(1) No executive officers and employees of the Korea Power Exchange may reveal or abuse confidential information that they have become aware of in the course of performing their duties, or allow another person to make use of such confidential information.
(2) Paragraph (1) shall apply mutatis mutandis to the executive officers and employees of the agency or organization to which the Korea Power Exchange has entrusted part of its business under Article 36 (2).
[This Article Wholly Amended on May 21, 2009]
 Article 43 (Rules on Operating Electricity Market)
(1) The Korea Power Exchange shall establish rules on operating the electricity market and the electric power system (hereinafter referred to as "rules on operating the electricity market").
(2) Where the Korea Power Exchange intends to formulate, modify, or repeal the rules on operating the electricity market, it shall obtain approval therefor from the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013>
(3) Where the Minister of Trade, Industry and Energy intends to grant approval under paragraph (2), he or she shall submit the rules to the Electricity Regulatory Commission for deliberation. <Amended on Mar. 23, 2013>
(4) The rules on operating the electricity market shall include the following:
1. Methods of electricity trading;
2. Settlement and payment of the accounts of electricity trading;
3. Disclosure of information on electricity trading;
4. Procedures and methods of the operation of the electric power system;
5. Installation of electric meters, measurement thereof, etc.;
6. Mediation of disputes over electricity trading;
7. Other matters deemed necessary to operate the electricity market.
[This Article Wholly Amended on May 21, 2009]
 Article 43-2 (Rules on Operating Brokerage Market)
(1) The Korea Power Exchange shall establish rules on operating the small-scale electricity brokerage market (hereinafter referred to as "rules on operating the brokerage market").
(2) Where the Korea Power Exchange intends to establish, modify, or repeal the rules on operating the electricity market, it shall obtain approval thereof from the Minister of Trade, Industry and Energy.
(3) Where the Minister of Trade, Industry and Energy intends to grant approval under paragraph (2), he or she shall submit the rules to the Electricity Regulatory Commission for deliberation.
(4) The rules on operating the brokerage market shall include the following:
1. Collection of small-scale electricity resources;
2. Settlement and payment of the accounts concerning trading of electricity produced or stored using small-scale electricity resources;
3. Disclosure information on collection and management of small-scale electricity resources;
4. Mediation of disputes regarding collection, management, etc. of small-scale electricity resources;
5. Other matters deemed necessary to operate the small-scale electricity brokerage market.
[This Article Newly Inserted on Jun. 12, 2018]
 Article 44 (Qualification to Participate in Electricity Market)
No person, other than a member of the Korea Power Exchange, is allowed to engage in trading electricity in the electricity market.
 Article 45 (Methods of Operating Electric Power System)
(1) The Korea Power Exchange may issue instructions necessary for operating an electric power system to electric utility business entities and demand management service providers. In such cases, the instructions issued to electric utility business entities and demand management service providers shall be based on the priority determined in the electricity market. <Amended on May 20, 2014>
(2) Notwithstanding the latter part of paragraph (1), if the Korea Power Exchange deems it necessary for the operation of an electric power system, the Korea Power Exchange may issue an instruction differently from the priority. In such cases, the modification of instruction shall be based on fair and objective criteria. <Amended on May 20, 2014>
(3) The Minister of Trade, Industry and Energy may, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, entrust any part of the operational affairs of the electric power system to an electric transmission business entity or an electric distribution business entity. In such cases, necessary matters in respect to the scope of the operational affairs, etc., shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on May 21, 2009]
 Article 46 (Emergency Measures)
(1) When it is deemed that natural calamities, wars, internal turmoil, sudden economic fluctuations, and other events equivalent thereto, hamper the normal trading of electricity, the Minister of Trade, Industry and Energy may suspend or restrict trading electricity in the electricity market or take other necessary measures. <Amended on Mar. 23, 2013>
(2) When the Minister of Trade, Industry and Energy deems that the grounds for which he or she has taken the measures specified in paragraph (1) cease to exist, he or she shall remove such measures without delay. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on May 21, 2009]
CHAPTER V CREATION OF FOUNDATIONS FOR ELECTRIC POWER INDUSTRY
 Article 47 (Formulation and Implementation of Plans to Create Foundations for Electric Power Industry)
(1) The Minister of Trade, Industry and Energy shall formulate and implement a plan to create a foundation for the electric power industry (hereinafter referred to as "plan to create a foundation for the electric power industry") in order to promote the sustainable development of the electric power industry and stabilize the supply of and demand for electricity. <Amended on Mar. 23, 2013>
(2) A plan to create a foundation for the electric power industry shall include the following:
1. Fundamental direction-setting for the electric power industry;
2. Projects under the subparagraphs of Article 49;
3. Fostering of experts for the electric power industry;
4. Promotion of, and assistance to, electric research institutes and organizations;
5. Use of coal supply for electricity generation in light of a long-term plan for the coal industry under Article 3 of the Coal Industry Act;
6. Other matters necessary to create a foundation for the electric power industry.
(3) Necessary matters to formulate and implement a plan to create a foundation for the electric power industry shall be determined by Presidential Decree.
[This Article Wholly Amended on May 21, 2009]
 Article 47-2 (Establishment of Electric Policy Council)
(1) An Electric Policy Council shall be established under the Ministry of Trade, Industry and Energy to deliberate upon important matters concerning the supply of, and demand for, electricity and creation of a foundation for the electric power industry. <Amended on Mar. 23, 2013>
(2) The Electric Policy Council shall deliberate on the following: <Amended on Mar. 23, 2013>
1. The master plan;
2. The plan to create a foundation for the electric power industry;
3. Implementation plan for the plan to create a foundation for the electric power industry;
4. Other important matters for the development of the electric power industry, which are brought for deliberation by the Minister of Trade, Industry and Energy.
(3) The Electric Policy Council shall be comprised of not more 30 members, including one chairperson. <Newly Inserted on Jan. 27, 2016>
(4) Matters necessary for the composition and operation of the Electric Policy Council shall be prescribed by Presidential Decree. <Amended on Jan. 27, 2016>
[This Article Newly Inserted on Mar. 28, 2008]
 Article 48 (Establishment of Funds)
The Government shall establish the Electric Power Industry Basis Fund (hereinafter referred to as the "Fund") to secure financial resources necessary for the sustainable development, and to create the foundation, of the electric power industry.
 Article 49 (Use of Fund)
(1) The Fund shall be used for the following projects: <Amended on Jul. 30, 2013; Jan. 28, 2014; May 18, 2015; Aug. 20, 2019; Mar. 31, 2020>
1. Projects for supporting entities engaged in new and renewable energy power generation business and projects for improving the link condition of the electric power system of new and renewable energy under the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy;
2. An electricity demand control program;
3. A project to promote the development of electric power resources;
4. A project designed to assist in providing electricity to the residents of islands and remote areas;
5. A research and development project for the electric power industry;
6. A project designed to assist the domestic coal industry, liquefied natural gas industry, and integrated energy industry, in relation to the electric power industry;
7. Support projects for surveys, research, and publicity on electrical safety under the Electrical Safety Management Act;
8. Inspection prior to using the electric facilities for private use under Article 12 of the Electrical Safety Management Act;
8-2. Safety inspection programs for multi-family housing, etc. under Article 14 of the Electrical Safety Management Act;
8-3. A project for emergency measures under Article 15 of the Electrical Safety Management Act;
9. A project to assist neighboring areas under the Act on Assistance to Electric Power Plants-Neighboring Areas;
9-2. A project to support areas adjacent to transmission and substation facilities provided for in Article 10 (2) of the Act on the Compensation and Support for Areas Adjacent to Transmission and Substation Facilities;
10. A project to promote the construction and use of smart grids provided for in the Smart Grid Construction and Utilization Promotion Act;
10-2. Deleted; <Mar. 31, 2020>
11. Other important projects prescribed by Presidential Decree, related to the electric power industry.
[This Article Wholly Amended on May 21, 2009]
 Article 50 (Raising Fund)
(1) The Fund shall be raised by any of the following funding categories: <Amended on Apr. 12, 2010>
1. Charges and additional charges under Article 51;
2. Penalty surcharges under Article 12-6 (1) of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy;
3. Proceeds accrued from the operation of the Fund;
4. Revenues determined by Presidential Decree.
(2) In addition to the financial resources secured pursuant to paragraph (1), the Minister of Trade, Industry and Energy may borrow money from the special accounts for energy and resources-related projects, other funds, etc. at the expense of the Fund. <Amended on Mar. 23, 2013; Jan. 1, 2014>
(3) When the Minister of Trade, Industry and Energy intends to borrow funds pursuant to paragraph (2), he or she shall pre-consult with the Minister of Economy and Finance. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on May 21, 2009]
 Article 51 (Charges)
(1) To implement the projects or programs specified in the subparagraphs of Article 49, the Minister of Trade, Industry and Energy may impose and collect charges on electricity consumers within the limits of 65/1000 of the electric rates (in cases of electricity consumers that directly purchase electricity under the proviso to Article 32, referring to the sum of the purchasing prices and charges for the use of electric installation for transmission or distribution of electric power specified in Article 15), as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>
(2) The Minister of Trade, Industry and Energy may avoid imposing or collecting charges on consumers of the following electricity, notwithstanding paragraph (1): <Amended on Mar. 23, 2013>
1. Electricity generated by independent power facilities (including independent power facilities under the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy);
2. Electricity for the pumping-up power business, used for the purpose of producing the electricity to sell to the electricity market;
3. Electricity supplied in a particular supply district by a district electric business entity (including an integrated energy supply business entity construed as a district electric business entity pursuant to this Act).
(3) Where a person liable to pay charges under paragraph (1) fails to pay them by the payment deadline, the Minister of Trade, Industry and Energy shall collect additional dues prescribed by Presidential Decree within the extent not exceeding 5/100 of the charges, in arrears for a period from the day following the deadline to the day before the payment date. <Amended on Mar. 23, 2013>
(4) Where a person liable to pay charges under paragraph (1) fails to pay them by the payment deadline, the Minister of Trade, Industry and Energy shall urge him or her to pay them by a specified period; and may collect them in the same manner as delinquent national taxes are collected, unless the charges and additional dues specified in paragraph (3) are paid within the period. <Amended on Mar. 23, 2013>
(5) The Minister of Trade, Industry and Energy shall place the charges and additional dues collected under paragraphs (1) and (3) in the Fund. <Amended on Mar. 23, 2013>
(6) The Minister of Trade, Industry and Energy shall endeavor to reduce the charges specified in paragraph (1) and take measures necessary therefor. <Amended on Mar. 23, 2013>
(7) Necessary matters for collecting charges, etc., shall be determined by Presidential Decree.
[This Article Wholly Amended on May 21, 2009]
 Article 52 (Operation and Management of Fund)
(1) The Fund shall be operated and managed by the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013>
(2) The Minister of Trade, Industry and Energy may entrust part of the affairs for the operation and management of the Fund to a corporation or organization determined by Presidential Decree. <Amended on Mar. 23, 2013>
(3) Necessary matters for operating and managing the Fund shall be determined by Presidential Decree.
[This Article Wholly Amended on May 21, 2009]
CHAPTER VI ELECTRICITY REGULATORY COMMISSION
 Article 53 (Establishment and Formation of Electricity Regulatory Commission)
(1) An Electricity Regulatory Commission shall be established within the Ministry of Trade, Industry and Energy to deliberate on matters concerning creating a fair, competitive environment for the electric utility business, etc.; and protecting the interests of electricity consumers, as well as to adjudicate on disputes arising regarding the electric utility business, etc. <Amended on Mar. 23, 2013; Jun. 12, 2018>
(2) The Electricity Regulatory Commission shall consist of not more than nine members, including one Chairperson; and the number of members determined by Presidential Decree shall be full-time members.
(3) The members of the Electricity Regulatory Commission, including the Chairperson, shall be appointed or commissioned by the President upon recommendation of the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013>
(4) The Electricity Regulatory Commission shall have a secretariat to conduct its clerical affairs.
[This Article Wholly Amended on May 21, 2009]
 Article 54 (Qualification for Members)
(1) Any of the following persons shall be eligible to serve as members of the Electricity Regulatory Commission:
1. A public official who is or was in Grade III or higher;
2. A person who is or was a judge, a public prosecutor, or a lawyer, for 10 or more years;
3. A person who serves or served as an associate professor or higher in a university under the Higher Education Act or an officially recognized-research institute, or who has been or had been in the position equal to or higher than an associate professor for not less than 10 years, after the completion of his or her studies in the field of law, economics, business management, electrical engineering, or other electricity-related discipline at a university;
4. A person who has served as a representative or a full-time executive officer in an electricity-related enterprise for not less than five years or who has served in an electricity-related enterprise for not less than 15 years;
5. A person who has served in an electricity-related organization or a consumer protection-related organization for not less than 10 years.
(2) The terms of service under paragraph (1) 2 and 3 shall be summed up.
(3) The term of office for the members who are not public officials shall be three years and they may be reappointed.
[This Article Wholly Amended on May 21, 2009]
 Article 55 (Status Guarantee of Board Members)
No member of the Electricity Regulatory Commission shall be dismissed from office or decommissioned against his or her will unless he or she falls under either of the following circumstances:
1. When he or she was sentenced to imprisonment without labor or greater punishment;
2. Where he or she is unable to perform his or her duties for a long time due to a mental or physical debility.
[This Article Wholly Amended on May 21, 2009]
 Article 56 (Functions of Electricity Regulatory Commission)
(1) The Electricity Regulatory Commission shall deliberate on the following issues; and shall adjudicate as prescribed in Article 57: <Amended on Mar. 23, 2013; Jul. 30, 2013; May 20, 2014; May 18, 2015; Jun. 12, 2018>
1. Electric utility licenses and modified licenses referred to in Article 7;
2. Approval for acquiring the electric utility or for dividing or merging a corporation referred to in Article 10;
3. Revoking electric utility licenses, suspending business operations, reducing the business zone, and imposing surcharges referred to in Article 12;
4. Approving charges, and other conditions for using electric installations for transmission or distribution of electric power referred to in Article 15;
5. Approving the basic terms and conditions of supply and supplementary terms and conditions of supply of an electric sales business entity referred to in Articles 16 and 16-3;
6. Approving the basic terms and conditions of supply of a district electric business entity under Article 16 that are applied mutatis mutandis under Article 24-2;
7. Repairing or remodeling electric installations, improving the methods of operating electric installations, and other necessary measures referred to in Article 18 (3);
8. Measures to be taken against prohibited conduct referred to in Article 23 (1);
9. Imposing and collecting surcharges for prohibited conduct referred to in Article 24 (1);
9-2. Matters concerning the maximum electricity trading price provided for in Article 33 (2);
9-3. Matters concerning authorizing an agreement on compensation for difference provided for in Article 34 (3);
10. Approval of the rules on operating the electricity market and the rules on operating the brokerage market;
11. Matters concerning annual plans and results concerning the duty of managing the credibility of electric power systems and the enactment, amendment, repeal, etc., of related rules;
11-2. Matters concerning the Minister of Trade, Industry and Energy’s order to take measures provided for in Article 27-2 (5);
12. Matters concerning protecting electricity consumers;
13. Matters concerning reorganizing the electric power industry, such as introducing competitive systems to the electric power industry;
14. Matters prescribed by other statutes or regulations, to be submitted to the Electricity Regulatory Commission for deliberation;
15. Matters requested by the Minister of Trade, Industry and Energy to be submitted for deliberation.
(2) The Electricity Regulatory Commission may make recommendations to the Minister of Trade, Industry and Energy regarding managing and operating the electricity market. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on May 21, 2009]
 Article 57 (Adjudication by Electricity Regulatory Commission)
(1) Where electric utility business entities, etc. or electricity consumers, etc. fail to reach or cannot reach mutual agreement on the following matters relating to electric utility business, etc., they may apply to the Electricity Regulatory Commission for adjudication thereon: <Amended on Mar. 30, 2011; Jun. 12, 2018>
1. Charges and other conditions for using electric installations for transmission or distribution of electric power under Article 15;
2. Terms and conditions of supply;
3. Agreement between the relevant parties on paying and receiving an amount of charges resulting from the orders issued for adjusting the electric supply and demand under Article 29;
4. Bearing expenses under Article 72;
5. Compensating for a loss under Article 90;
6. Compensating for a loss under Article 90-2;
7. Other disputes arising regarding the electric utility business, etc. or matters determined by other statutes as matters subject to adjudication by the Electricity Regulatory Commission.
(2) Where the Electricity Regulatory Commission has received an application for adjudication under paragraph (1), it shall notify the other relevant party of such fact and provide him or her an opportunity to state his or her opinion within a specified period: Provided, That if he or she fails to comply therewith without any just ground, this shall not apply.
(3) Where the Electricity Regulatory Commission has issued an adjudication regarding the application for adjudication under paragraph (1), it shall serve, without delay, the original texts of its adjudication on the relevant parties.
(4) Where no lawsuit has been filed by the other party regarding the contents of the said adjudication within 60 days from the date the original texts of the adjudication has been served on the relevant parties or where any lawsuit filed in respect thereto has been withdrawn, it shall be deemed that an agreement to the same effect as the contents of the adjudication has been reached between the relevant parties. <Amended on Mar. 30, 2011>
(5) Except as otherwise provided for in paragraphs (1) through (4), matters necessary for such adjudications shall be prescribed by Presidential Decree. <Newly Inserted on Mar. 30, 2011>
[This Article Wholly Amended on May 21, 2009]
 Article 58 (Quorum for Resolution)
The Electricity Regulatory Commission shall pass a resolution with the concurrent vote of a majority of all registered members.
 Article 59 (Specialized Commission)
(1) The Electricity Regulatory Commission may have expert committees for each field of specialization to perform its affairs in an efficient manner.
(2) Necessary matters for the formation, functioning, and operation of expert committees under paragraph (1) shall be determined by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on May 21, 2009]
 Article 60 (Formation and Operation)
Except as otherwise provided for in this Act, matters necessary for the formation, operation, etc. of the Electricity Regulatory Commission shall be determined by Presidential Decree.
[This Article Wholly Amended on May 21, 2009]
CHAPTER VII SAFETY MANAGEMENT OF ELECTRIC INSTALLATIONS
 Article 61 (Approval or Reporting of Plans for Works for Establishing Electric Installations for Electric Utility Business)
(1) If an electric utility business entity intends to perform works determined by Ordinance of the Ministry of Trade, Industry and Energy for establishing or altering electric installations for electric utility business, he or she shall obtain approval of his or her plan for the works from the Minister of Trade, Industry and Energy. The same shall apply to any modification of approved matters. <Amended on Mar. 23, 2013>
(2) If an electric utility business entity intends to amend insignificant matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy, among the approved matters, he or she shall report it to the Minister of Trade, Industry and Energy, notwithstanding the latter part of paragraph (1). <Amended on Mar. 23, 2013>
(3) If an electric utility business entity intends to perform works determined by Ordinance of the Ministry of Trade, Industry and Energy for establishing or altering electric installations for electric utility business, other than those subject to approval under paragraph (1), he or she shall report such plan to the permitting authority, as prescribed by Presidential Decree. The same shall apply to any modification of reported matters. <Amended on Mar. 23, 2013; Feb. 18, 2020>
(4) If electric installations are destroyed or damaged due to an accident or natural disaster or by other cause, or it is inevitable to commence electric works due to the occurrence of emergency cases, such as a war or internal turmoil, an electric utility business entity shall, notwithstanding paragraphs (1) through (3), commence the electric works, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy; and shall report it to the permitting authority thereafter without delay. <Amended on Mar. 23, 2013; Feb. 18, 2020>
(5) Necessary matters for approval under paragraph (1) and reporting under paragraphs (2) through (4) shall be determined by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on May 21, 2009]
 Article 62 Deleted. <Mar. 31, 2020>
 Article 63 (Pre-Use Inspection)
When a person has completed works for establishing or altering electric installations in accordance with Article 61, the person shall use these installations only after they have passed an inspection conducted by the permitting authority, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013; Feb. 18, 2020; Mar. 31, 2020>
[This Article Wholly Amended on May 21, 2009]
 Article 64 (Temporary Use of Electric Installations)
(1) Where it is deemed that electric installations have no defect in their safe operation and their temporary operation is necessary, although they failed to pass the inspection under Article 63, the Minister of Trade, Industry and Energy or the competent Mayor/Do Governor may permit the temporary use of such installations after specifying the period and the method of operation. In such cases, the permitting authority shall give notice of the period and method of operation specified. <Amended on Mar. 23, 2013; Feb. 18, 2020>
(2) The standard for permitting temporary use of electric installations under paragraph (1), such as where an emergency spare generator is not completed, the period of use not exceeding one year, the method of temporary use of electric installations under paragraph (1), and other necessary matters shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on May 21, 2009]
 Article 65 Deleted. <Mar. 31, 2020>
 Article 65-2 (Self-Inspections by Operators of Transmission and Distribution Business)
An electric transmission business entity and an electric distribution business entity shall report the results of an inspection conducted directly to the Minister of Trade, Industry and Energy concerning electric installations of electric transmission business entities, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
[This Article Newly Inserted on Mar. 31, 2020]
 Article 66 Deleted. <Mar. 31, 2020>
 Article 66-2 Deleted. <Mar. 31, 2020>
 Article 66-3 Deleted. <Mar. 31, 2020>
 Article 67 (Technical Standards)
(1) The Minister of Trade, Industry and Energy shall determine and give public notice of the technical standards necessary for the safety management of electric installations (hereinafter referred to as "technical standards"). The same shall apply to modification thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 27, 2016; Mar. 31, 2020>
(2) The technical standards shall include technical requirements for human exposure to electromagnetic waves, which take into account the impact of electromagnetic waves on human body. <Newly Inserted on Jan. 27, 2016>
(3) Where the Minister of Trade, Industry and Energy modifies technical standards pursuant to paragraph (1), the former technical standards shall apply to existing electric installations: Provided, That modified technical standards may be applied to ensure public safety. <Newly Inserted on Mar. 31, 2020>
 Article 68 (Maintenance of Electric Installations)
An operator of the electric utility business shall maintain electric installations in compliance with the technical standards. <Amended on Mar. 31, 2020>
 Article 69 (Protection of Underwater Wires)
(1) An electric utility business entity may apply to the Minister of Trade, Industry and Energy for the designation of an underwater wire protection zone if necessary to protect electric lines laid underwater (hereinafter referred to as "underwater wires"). <Amended on Mar. 23, 2013>
(2) When the Minister of Trade, Industry and Energy receives an application under paragraph (1), he or she may designate an underwater wire protection zone. In such cases, when he or she is to designate an aquaculture zone licensed under the Aquaculture Industry Development Act as an underwater wire protection zone, he or she shall obtain the consent thereto from the licensee of the relevant aquaculture zone. <Amended on Mar. 23, 2013; Aug. 27, 2019>
(3) When the Minister of Trade, Industry and Energy has designated an underwater wire protection zone, he or she shall give public notice thereof. <Amended on Mar. 23, 2013>
(4) When the Minister of Trade, Industry and Energy intends to designate an underwater wire protection zone, he or she shall pre-consult with the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on May 21, 2009]
 Article 70 (Prohibition from Damaging Wires within Underwater Wire Protection Zones)
No one shall engage in any of the following conduct within underwater wire protection zones prescribed in Article 69: Provided, That this shall not apply where he or she obtains approval from the Minister of Trade, Industry and Energy: <Amended on Mar. 23, 2013>
1. Damaging underwater wires;
2. Anchoring;
3. Extracting minerals and collecting marine products underwater;
4. Other activities prescribed by Presidential Decree, which could damage underwater wires.
[This Article Wholly Amended on May 21, 2009]
 Article 71 (Issuing Orders to Meet Technical Standards)
Where, as a result of an inspection under Article 63, it is deemed that electric installations or telecommunications line installations installed pursuant to Article 20 (4) are inappropriate to meet technical standards, the permitting authority may order the relevant electric utility business entity or the person who has installed the relevant telecommunications line to repair, remodel, or relocate the electric installations or to suspend the use of the electric utility or telecommunications line installations, or to restrict the use thereof. <Amended on Mar. 23, 2013; Feb. 18, 2020; Mar. 31, 2020>
[This Article Wholly Amended on May 21, 2009]
 Article 72 (Relocation of Installations)
(1) Where any impediment has been or is likely to be inflicted between electric installations for electric utility business or for private use and electric installations, other goods owned by another person, or any other business, the person who has provided causes later shall take measures necessary for removing such impediments or bear costs and expenses incurred in taking such measures. <Amended on Mar. 30, 2011>
(2) Where any ground object or similar established or to be established by another person has prevented or is likely to prevent electric installations for the electric utility business from meeting the technical standards, the person who has established or intends to establish the ground object or similar shall either take a measure necessary to make the relevant electric installations meet the technical standards; or may request an electric utility business entity to take necessary measures. <Amended on Mar. 30, 2011>
(3) An electric utility business entity shall, upon receipt of a request under paragraph (2), take necessary measures, except for cases prescribed by Presidential Decree where he or she has difficulties in performing duties or technical difficulties, such as it is impracticable to acquire a site for the relevant measures or to maintain the relevant installations in conformity with the technical standards.
(4) Costs and expenses incurred in taking measures under paragraphs (2) and (3) shall be borne by the person who has established or intends to establish the ground objects or similar: Provided, That subsequent to installing electric lines in the air above the land or in the underground space of another person under Article 89, where the owner or occupant of such land establishes or intends to establish ground objects or similar on such land, the relocation costs and expenses may be partially or fully exempt in accordance with the standards prescribed by Presidential Decree, such as the relocation plan, lapsed years of the relevant electric lines, etc. <Amended on Mar. 30, 2011>
(5) The scope of measures under paragraphs (1) and (4), methods of taking such measures, standards for bearing costs and expenses, and other necessary matters shall be prescribed by Presidential Decree. <Newly Inserted on Mar. 30, 2011>
[This Article Wholly Amended on May 21, 2009]
 Article 72-2 (Relocation of Aerial Electric Lines into Underground Space)
(1) Where the head of a Si/Gun/Gu or a landowner deems it necessary to relocate electric poles and the overhead electric lines installed on the electric poles (including the telecommunications line installations installed on the electric poles pursuant to Article 20) into underground space (hereinafter referred to as "relocation into underground"), he or she may request an electric utility business entity to relocate them.
(2) Costs and expenses incurred in the relocation into underground under paragraph (1) shall be borne by the person that requests it: Provided, That where such relocation into underground is requested by the head of a Si/Gun/Gu for the purpose of public interests, the person that has installed the electric lines may bear some of costs and expenses in accordance with the standards and procedures determined by the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013>
(3) The Minister of Trade, Industry and Energy may determine and publicly notify standards and procedures for bearing costs and expenses under paragraph (2), and other detailed matters necessary for the smooth implementation of relocation into underground. <Amended on Mar. 23, 2013>
[This Article Newly Inserted on Mar. 30, 2011]
 Article 73 Deleted. <Mar. 31, 2020>
 Article 73-2 Deleted. <Mar. 31, 2020>
 Article 73-3 Deleted. <Mar. 31, 2020>
 Article 73-4 Deleted. <Mar. 31, 2020>
 Article 73-5 Deleted. <Mar. 31, 2020>
 Article 73-6 Deleted. <Mar. 31, 2020>
 Article 73-7 Deleted. <Mar. 31, 2020>
 Article 73-8 Deleted. <Mar. 31, 2020>
CHAPTER VIII CASH AND SECURITIES Deleted.
 Article 74 Deleted. <Mar. 31, 2020>
 Article 75 Deleted. <Mar. 31, 2020>
 Article 76 Deleted. <Mar. 31, 2020>
 Article 77 Deleted. <May 21, 2009>
 Article 78 Deleted. <Mar. 31, 2020>
 Article 79 Deleted. <Mar. 31, 2020>
 Article 80 Deleted. <Mar. 31, 2020>
 Article 81 Deleted. <Mar. 31, 2020>
CHAPTER VIII Deleted.
 Article 82 Deleted. <Mar. 28, 2008>
 Article 83 Deleted. <Mar. 28, 2008>
 Article 84 Deleted. <Mar. 28, 2008>
 Article 85 Deleted. <Mar. 28, 2008>
 Article 86 Deleted. <Mar. 28, 2008>
CHAPTER X USE OF LAND
 Article 87 (Use of Land Owned by Third Persons)
(1) If it is necessary for establishing electric installations for electric utility business or a field investigation, measuring, and the execution of work therefor, or for repairing and maintaining electric installations for electric utility business, an electric utility business entity may use land or buildings and other structures thereon (hereinafter referred to as "land, etc.") which a third person owns, or may alter or remove vegetation and other obstacles owned by a third person, as prescribed by the Act on the Acquisition of and Compensation for Land for Public Works Projects.
(2) In either of the following cases, an electric utility business entity may temporarily use land, etc., owned by a third person or alter or remove vegetation owned by a third person: Provided, That if the land, etc., owned by a third person is used for the residential purpose, he or she shall pre-consult with its residents about the date and period of such temporary use:
1. A temporary use of land, etc., owned by a third person within 15 days in the event that electric installations for electric utility business, etc., are damaged or are likely to be damaged due to a natural disaster, war, internal turmoil, or other emergency situations;
2. The alteration or removal of vegetation that disrupts electric lines for electric utility business if it is deemed that the vegetation has seriously damaged the relevant electric lines or may cause fire or other disasters because it has been neglected.
(3) Where an electric utility business entity temporarily uses land, etc., owned by a third person or alters or removes vegetation owned by a third person under paragraph (2), he or she shall immediately notify its occupant or owner thereof.
(4) An occupant or owner of land, etc., shall not refuse, obstruct, or evade without any just ground when an electric utility business entity attempts to temporarily use the land, etc., and alter or remove vegetation under paragraph (2). <Newly Inserted on Jan. 27, 2016>
[This Article Wholly Amended on May 21, 2009]
 Article 88 (Entry to Land Owned by Another Person)
(1) An electric utility business entity may enter another person's land, etc. if necessary for the purposes of establishment, maintenance, or safety management of electric installations. In such cases, the electric utility business entity shall pre-consult with its owner or occupant about the method and period of such entry. <Amended on Mar. 30, 2011>
(2) When an electric utility business entity fails, or is unable, to reach an agreement under paragraph (1), he or she may enter land, etc. after obtaining permission from the head of a Si/Gun/Gu.
(3) When the head of a Si/Gun/Gu receives an application for permission under paragraph (2), he or she shall notify the owner or occupant of the land, etc. thereof and shall give him or her an opportunity to state his or her opinion.
(4) When an electric utility business entity is to enter another person's land, etc. pursuant to paragraph (2), he or she shall in advance notify its owner or occupant such intention.
(5) A person who enters another person's land, etc. pursuant to paragraph (2) shall carry a document indicating his or her authority and present it to interested persons.
[This Article Wholly Amended on May 21, 2009]
 Article 89 (Use of Airspace over Land Owned by Another Person)
(1) An electric utility business entity may, if necessary for operating his or her business, install electric lines over or in the underground space of the land owned by another person within the limits of causing no obstruction to the way the land is currently in use. In such cases, the electric utility business entity shall consult in advance with the owner or occupant of the land about the method for installation of the electric lines and the period of existence thereof. <Amended Mar. 30, 2011>
(2) Article 88 (2) through (5) shall apply mutatis mutandis to cases falling under paragraph (1).
[This Article Wholly Amended on May 21, 2009]
[Title Amended on Mar. 30, 2011]
 Article 89-2 (Registration of Establishment of Partitioned Superficies)
(1) Where an agreement has been reached by consulting with the owner of the land and the relevant person under subparagraph 5 of Article 2 of the Act on the Acquisition of and Compensation for Land Public Works on the premises that the partitioned superficies should be created or transferred with respect to the use of airspace over or underground space of the land owned by another person, an electric utility business entity shall create or transfer the partitioned superficies. <Amended on Mar. 30, 2011>
(2) Where an electric utility business entity receives a ruling of expropriation or use to the effect of the creation or transfer of the partitioned superficies with respect to the use of airspace over or underground space of the land under the Act on the Acquisition of and Compensation for Land Public Works, he or she may unilaterally file for registration of the creation or transfer of the partitioned superficies concerned as applied mutatis mutandis pursuant to Article 99 of the Registration of Real Estate Act. <Amended on Mar. 30, 2011; Apr. 12, 2011>
(3) Necessary matters concerning procedures for registration of partitioned superficies with respect to the use of airspace over or underground space of land shall be prescribed by Supreme Court Regulations. <Amended on Mar. 30, 2011>
(4) Notwithstanding Articles 280 and 281 of the Civil Act, partitioned superficies under paragraphs (1) and (2) shall exist until the date waterworks exist. <Amended on Mar. 30, 2011; Apr. 23, 2019>
[This Article Newly Inserted on May 21, 2009]
 Article 90 (Compensation for Losses Caused by Temporary Use of Land)
An electric utility business entity shall duly compensate any loss incurred by his or her temporary use of land, etc. owned by another person or his or her alteration or removal of vegetation owned by another person under Article 87 (2), by his or her entry into land, etc. owned by another person under Article 88 (1). <Amended on Mar. 30, 2011>
[This Article Wholly Amended on May 21, 2009]
[Title Amended on Mar. 30, 2011]
 Article 90-2 (Compensation for Losses Caused by Temporary Use of Airspace over Land)
(1) An electric utility business entity shall duly compensate for any loss caused by his or her installation of electric power transmission lines over or in the underground space of the land owned by another person under Article 89 (1).
(2) The area of land based on which the amount of compensation under paragraph (1) is calculated shall be classified as follows:
1. When using airspace over land: the area of the land facing vertically to the extent of the horizontal space that spans both of the outermost lines of electric power transmission lines and is added by three meters respectively on both sides. In such cases, if necessary for protecting a building, etc., the area can be extended to the separation distance by voltage between electric wires and the building as specified by technical standards;
2. When using underground space: the area of the land facing vertically to the underground space used for installing and protecting the facilities for electric power transmission lines.
(3) Matters concerning detailed standards and method for calculating compensation for losses under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Mar. 30, 2011]
 Article 91 (Reinstatement)
When an electric utility business entity has completed his or her temporary use of land, etc. under Article 87 (2) 1, he or she shall reinstate the land, etc. or pay to its owner or occupant expenses necessary for reinstatement.
[This Article Wholly Amended on May 21, 2009]
 Article 92 (Use of Public Land)
(1) When an electric utility business entity deems it necessary to install electric lines for the electric utility over public land managed by the State, local governments, or other public institutions, he or she may use the land with permission from its manager.
(2) In cases falling under paragraph (1), when the relevant land manager refuses such permission without any just ground or when the conditions of permission are found inappropriate, the competent Minister that exercises jurisdiction over the land concerned may grant permission for the use of the land or alter the conditions of permission at the request of an electric utility business entity.
(3) When the competent Minister intends to grant permission to use land or to alter the conditions of permission under paragraph (2), he or she shall hold consultations in advance with the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on May 21, 2009]
CHAPTER XI SUPPLEMENTARY PROVISIONS
 Article 92-2 (Special Cases concerning Supply of Electricity by Integrated Energy Supply Business Entities)
(1) Any integrated energy supply business entity that is equipped with generation installations with a capacity not exceeding 300,000 kilowatts, as prescribed by Presidential Decree among the integrated energy supply business entities that have obtained a business license pursuant to Article 9 of the Integrated Energy Supply Act, may supply electricity in the supply district permitted under Article 9 of the Integrated Energy Supply Act, notwithstanding Article 31 (1).
(2) An integrated energy supply business entity under paragraph (1) shall be deemed a district electric business entity for the purposes of this Act.
[This Article Wholly Amended on May 21, 2009]
 Article 93 (Classification of Accounts)
(1) An electric utility business entity determined by Presidential Decree shall perform accounting operations concerning preparing accounting documents including statements of financial position and income statements, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013; May 18, 2015>
(2) Where an electric utility business entity under paragraph (1) engages in a non-electric utility business, he or she shall apply the principle of separate accounting to such electric utility business and non-electric utility business.
[This Article Wholly Amended on May 21, 2009]
 Article 94 (Depreciation)
The Minister of Trade, Industry and Energy may, if deemed particularly necessary for the due operation of the electric utility business, order an electric utility business entity to depreciate fixed assets for the electric utility business or to establish reserves or allowances by determining types, methods or amounts within the limits permissible under the Corporate Tax Act or the Restriction of Special Taxation Act. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on May 21, 2009]
 Article 95 Deleted. <Mar. 28, 2008>
 Article 96 (Restrictions on Foreign-Capital Invested Companies)
The Minister of Trade, Industry and Energy shall not grant a foreign-capital invested company under the Foreign Investment Promotion Act the following permission, approval, or designation: <Amended on Mar. 23, 2013>
1. Permission for electricity generation business under Article 7 (1) (limited to the operation of an nuclear power station);
2. Approval of the plan for the manufacture and supply of fuel for nuclear power generation under Article 28.
[This Article Wholly Amended on May 21, 2009]
 Article 96-2 Deleted. <Mar. 31, 2020>
 Article 96-3 Deleted. <Mar. 31, 2020>
 Article 96-4 Deleted. <Mar. 31, 2020>
 Article 96-5 (Display of Charging Fees)
(1) An electric vehicle charging business entity shall display charging fees, as prescribed by Presidential Decree.
(2) To promote competition through more transparent transactions and to set reasonable charging fees, the Minister of Trade, Industry and Energy may disclose charging fees of electric vehicle charging business entities, to the extent not infringing on trade secrets defined in subparagraph 2 of Article 2 of the Unfair Competition Prevention and Trade Secret Protection Act.
[This Article Newly Inserted on Jun. 12, 2018]
 Article 97 (Fees)
Any person who intends to undergo an inspection under Article 63 shall pay a fee under Article 42 (1) of the Electrical Safety Management Act.
[This Article Wholly Amended on Mar. 31, 2020]
 Article 98 (Delegation and Entrustment of Authority)
(1) The Minister of Trade, Industry and Energy may partially delegate the authority vested upon him or her under this Act to the Ministry’s affiliated agencies or the Mayors/Do Governors, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>
(2) Among the authority vested upon the Minister of Trade, Industry and Energy or the Mayor/Do Governor under this Act, the following authority may be partially entrusted to the Korea Electrical Safety Corporation (hereinafter referred to as the "Safety Corporation") established under Article 30 of the Electrical Safety Management Act, as prescribed by Presidential Decree: <Amended on Mar. 23, 2013; Mar. 31, 2020>
1. Deleted; <Mar. 31, 2020>
2. Inspection of electric installations under Article 63 of the Act;
3. Permission for temporary use of electric installations under Article 64.
(3) Deleted. <Mar. 31, 2020>
(4) The Minister of Trade, Industry and Energy may entrust affairs related to surveys, research, and review for amending technical standards to the corporations or organizations involved in safety management of electric installations, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>
(5) Affairs of the Minister of Trade, Industry and Energy related to new electric utility business under this Act, may be partially entrusted to agencies or organizations involved in electric utility business, etc., as prescribed by Presidential Decree. <Newly Inserted on Jun. 12, 2018>
[This Article Wholly Amended on May 21, 2009]
 Article 99 (Legal Fiction as Public Officials in Application of Penalty Provisions)
Either of the following persons shall be deemed public officials for the purposes of Articles 129 through 132 of the Criminal Act: <Amended on Mar. 23, 2013; Jun. 12, 2018>
1. Any member of the Electricity Regulatory Commission who is not a public official;
2. Executive officers and employees of the Safety Corporation, a relevant agency, corporation, or organization who engage in conducting the affairs entrusted by the Minister of Trade, Industry and Energy or by a Mayor/Do Governor pursuant to Articles 52 (2) and 98 (2) through (5).
[This Article Wholly Amended on May 21, 2009]
CHAPTER XII PENALTY PROVISIONS
 Article 100 (Penalty Provisions)
(1) Any of the following persons shall be punished by imprisonment with labor for not more than 10 years or by a fine not exceeding 100 million won: <Amended on May 20, 2014; Oct. 20, 2020>
1. A person who interrupts the generation, transmission, transformation, or distribution of electricity by damaging or stealing electric installations for the electric utility business;
2. A person who hampers the generation, transmission, transformation, or distribution of electricity by causing impairment to the function of electric installations for the electric utility business;
3. A person who uses, provides or divulges data or information in violation of Article 17-2 (2).
(1) Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: <Amended on May 20, 2014>
1. A person who hampers the generation, transmission, transformation, or distribution of electricity by manipulating electric installations without any just ground;
2. A person engaged in the electric utility business who causes obstruction to the generation, transmission, transformation, or distribution of electricity by failing to perform his or her duties of maintaining or operating electric installations for the electric utility business without any just ground.
(3) An attempt to commit any crime under paragraph (1) or (2) 1 shall be punished.
[This Article Wholly Amended on May 21, 2009]
 Article 101 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended on May 20, 2014>
1. A person who operates the electric utility business without a license or a modified license, in violation of Article 7 (1);
2. A person who commits any prohibited act prescribed in Article 21 (1);
3. A person who fails to comply with an order issued pursuant to Article 23;
4. A person who manufactures and supplies fuel for nuclear power generation without approval or modified approval, in violation of Article 28;
5. A person who engages in electricity trading at a place other than the electricity market, in violation of Article 31 (1) and (2) or 32;
6. Deleted; <Jan. 27, 2016>
7. A person who damages underwater wires or engages in any conduct likely to damage underwater wires, in violation of Article 70.
[This Article Wholly Amended on May 21, 2009]
 Article 102 (Penalty Provisions)
(1) Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: <Amended on May 20, 2014; Jan. 27, 2016; Mar. 31, 2020>
1. A person who refuses to supply electricity without any just ground, in violation of Article 14;
2. A person who discriminates against in providing service for the use of electric installations, in violation of Article 20 (1);
3. A person who sets up telecommunications line installations at electric installations for electric utility business without lease under Article 20 (2);
4. Deleted; <May 20, 2014>
5. A person who divulges or misappropriates confidential information he or she has learned in the course of performing his or her duties or makes them available to others for use, in violation of Article 42 (1) (including where the aforementioned provisions apply mutatis mutandis pursuant to paragraph 42 (2)).
(2) A person who fails to conduct a self-inspection under Article 65-2 shall be punished by a fine not exceeding 20 million won. <Newly Inserted on Mar. 31, 2020>
[This Article Wholly Amended on May 21, 2009]
 Article 103 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on May 20, 2014; May 18, 2015; Jun. 12, 2018; Apr. 23, 2019; Mar. 31, 2020>
1. A person who operates the new electric utility business without filing for registration or modified registration under Article 7-2 (1);
1-2. A person who makes electric installations available for others without approval or modified approval under Article 15 (1);
2. A person who supplies electricity without approval or modified approval under Article 16 (1);
2-2. Any person failing to comply with the obligation to disclose or releasing a false information on electric installations under Article 20 (2);
3. A person who fails to disclose information referred to in Article 41 (1) or a person who modifies, eliminates, or manipulates information relating to the operation of electric power systems without any just ground;
3-2. A person who conducts works for establishing or altering electric installations, in violation of Article 61 (1);
4. Deleted; <Mar. 31, 2020>
4-2. Deleted; <Mar. 31, 2020>
5. Deleted. <Mar. 31, 2020>
[This Article Wholly Amended on May 21, 2009]
 Article 104 Deleted. <Mar. 31, 2020>
 Article 105 (Penalty Provisions)
Any of the following persons shall be punished by a fine not exceeding five million won: <Amended on May 20, 2014; May 18, 2015; Jun 12, 2018; Mar. 31, 2020>
1. A person who provides electricity, in violation of Article 16 (5);
1-2. A person who uses terms and conditions different from the reported terms and conditions or the reported amendment thereto filed under Article 16-2 (1) or from the standards terms and conditions established or amended under Article 16-2 (6);
2. A person who violates any order issued under Article 18 (3), 27-2 (5), or 29 (1);
3. A person who uses electric installations without passing an inspection required in Article 63: Provided, That excluded herefrom shall be cases where notification of temporary use provided in Article 64 is received;
4. A person who violates an order under Article 71 (only applicable to electricity business operators);
5. Deleted; <May 20, 2014>
6. A person who performs accounting, in violation of Article 93 (2);
7. A person who fails to display, or falsely displays, charging fees in violation of Article 96-5 (1).
[This Article Wholly Amended on May 21, 2009]
 Article 106 (Penalty Provisions)
Any person who performs installation work or modification work of electrical equipment in violation of Article 61 (3) shall be punished by a fine not exceeding one million won.
[This Article Wholly Amended on Mar. 31, 2020]
 Article 107 (Joint Penalty Provisions)
Where the representative of a corporation, or an agent, or employee of or other persons employed by a corporation or an individual commits an offense falling under any of Articles 101 through 106 in relation to affairs of such corporation or individual, not only shall the person who commits such offense be punished but such corporation or individual also shall be punished by a fine under the relevant provisions: Provided, That the foregoing shall not apply where the corporation or the individual has not neglected to pay due attention to or exercise reasonable supervision over the relevant affairs to prevent such offense.
[This Article Wholly Amended on May 26, 2008]
 Article 108 (Administrative Fines)
(1) A person falling under any of the following subparagraphs shall be punished by an administrative fine not exceeding three million won: <Amended on Jul. 30, 2013; Jan. 27, 2016>
1. A person who refuses to comply with an order to submit materials or objects; or who refuses, obstructs, or evades inspection of books, documents and other materials or objects, provided in Article 22 (2);
2. A person who fails to comply with a request to submit data provided in Article 27-2 (4) or submits false data;
3. Deleted; <Mar. 31, 2020>
4. Deleted; <Mar. 31, 2020>
4-2. Deleted; <Mar. 31, 2020>
5. Deleted; <Mar. 31, 2020>
6. Deleted; <Mar. 31, 2020>
7. A person who violates an order issued under Article 94;
8. Deleted. <Mar. 31, 2020>
(2) Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended on Jun. 12, 2018; Aug. 20, 2019; Mar. 31, 2020>
1. A person who fails to report an alteration or includes any false entry in reporting an alteration, in violation of Article 9 (4), 11 (4), or 26;
2. A person who fails to keep the terms and conditions of supply; or to make them available for perusal, in violation of Article 16 (4);
3 A person who fails to make a record pursuant to Article 18 (2) has made a false record or fails to preserve the record;
4. A person who conducts works for establishing or altering electric installations, in violation of Article 61 (2);
5. Deleted; <Mar. 31, 2020>
6. Deleted. <Mar. 31, 2020>
(3) Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Trade, Industry and Energy, a Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on May 21, 2009]
ADDENDA <Act No. 6283, Dec. 23, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation: Provided, That Article 32 shall enter into force on the date determined by Presidential Decree within a period of two years from the date this Act enters into force and subparagraph 8 of Article 49 shall enter into force on January 1, 2002.
Article 2 (Transitional Measures concerning General Electricity Business Entities)
Any entity that was issued a license for general electricity business pursuant to the previous Act as at the time this Act enters into force shall, notwithstanding Article 7 (3), be deemed to have been licensed to conduct the business of generation, transmission, distribution, and sales of electricity under this Act.
Article 3 (Restrictions on Issuance of License for Electric Sales Business)
The Minister of Commerce, Industry and Energy shall not issue licenses for electricity generation business, electric transmission business, electric distribution business, and electric sales business prescribed in Article 7 (1) until the date determined by Presidential Decree within a period of 10 years from the date this Act enters into force.
Article 4 (Transitional Measures concerning Specific Electricity Business Entity)
(1) An entity that was issued a license for the specific electricity business pursuant to the provisions of the previous Act as at the time this Act enters into force shall be deemed to have been licensed to operate the electricity generation business under this Act.
(2) A specific electricity business entity as provided in paragraph (1) may, notwithstanding Article 31 (1), supply electricity to the specified place for supply that was assigned to him or her under the provisions of the previous Act for a period of two years from the date this Act enters into force.
Article 5 (Transitional Measures concerning Supply of Electricity by Integrated Energy Supply Business Entity)
An entity that was, after reporting under the proviso of Article 15 (1) of the previous Act to the Minister of Commerce, Industry and Energy, supplying electricity in the area covered by the integrated energy supply as an integrated energy supply business entity deemed to have been licensed to conduct the electricity generation business pursuant to Article 48 of the Integrated Energy Supply Act as at the time this Act enters into force may, notwithstanding Article 31 (1), supply electricity in the same area for a period of three years after the date this Act enters into force.
Article 6 (Transitional Measures concerning Supply of Electricity by Persons Who Establish Electric Installations for Private Use)
A person who was, with the approval of the Minister of Commerce, Industry and Energy under Article 15 (4) 3 of the previous Act, supplying electricity as a person who establishes electric installations for private use as at the time this Act enters into force may, notwithstanding Article 31 (2), may supply electricity according to the conditions prescribed in his or her license for a period of three years from the date this Act enters into force.
Article 7 (Transitional Measures concerning Terms and Conditions of Supply)
The terms and conditions of supply, the approval for which the general electricity business entity licensed under Article 5 of the previous Act as at the time this Act enters into force obtained pursuant to Article 17 of the previous Act, shall be deemed to be the terms and conditions of supply, the approval for which have been granted to an electric sales business entity under Article 2 of the Addenda pursuant to this Act.
Article 8 (Transitional Measures concerning Contracts of Supply and Demand)
(1) A person who made a contract of supply and demand provided in Article 20 (1) of the previous Act with a general electricity business entity licensed under the previous Act as at the time this Act enters into force may, notwithstanding the amended provisions of Article 31 (1) and (2), supply electricity to a person deemed to be an electric sales business entity under Article 2 of the Addenda in compliance with the same contract of supply and demand.
(2) In cases of amendment to the contract of supply and demand as prescribed in paragraph (1), approval thereof shall be obtained from the Minister of Commerce, Industry and Energy. In such cases, the Minister of Commerce, Industry and Energy shall refer this matter to the Electricity Regulatory Commission for deliberation.
Article 9 (Special Cases concerning Supply of Electricity)
(1) A person who acquired by transfer the installations of electricity generation that the general electricity business entity licensed under the previous Act sold within six months from the date this Act enters into force may, notwithstanding Article 31 (1), make a contract of supply and demand with a person deemed to be an electric sales business entity under Article 2 of the Addenda and supply electricity to the same person deemed to be an electric sales business entity.
(2) The contract of supply and demand provided in paragraph (1) shall be approved by the Minister of Commerce, Industry and Energy. The same shall apply to any amendment thereto.
(3) Where the Minister of Commerce, Industry and Energy intends to grant approval under paragraph (2), he or she shall refer it to the Electricity Regulatory Commission for deliberation.
Article 10 (Transitional Measures concerning Grounds for Disqualification of Electric Utility Business Entities)
With respect to grounds for disqualification of an electric utility business entity who had been licensed under the previous provisions as at the time the Electricity Business Act enters into force (Act No. 5830), Article 2 of the Addenda to the said Act shall apply.
Article 11 (Transitional Measures concerning Dispositions)
Licenses, approval, authorization given, and other administrative acts committed, by the administrative agencies or acts committed to the administrative agencies, such as reports, under the provisions of the previous Act as at the time this Act enters into force shall be deemed to be the acts that have been committed by or to the administrative agencies under the provisions corresponding thereto, if any, of this Act.
Article 12 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
With respect to the application of penalty provisions and administrative fines for violations committed before this Act enters into force, the provisions of the previous Act shall apply.
Article 13 Omitted.
Article 14 (Relationship to Other Statutes)
A citation of a provision of the previous Electricity Business Act in force as at the time this Act enters into force shall be deemed a citation of this Act or the corresponding provision hereof in lieu of the previous provision.
ADDENDA <Act No. 6637, Jan. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Expense Sharing following Relocation of Electric Lines)
In the wake of an establishment of electric lines in the air above the land of another person under previous provisions as at the time this Act enters into force, where the owner or occupant of such land has established or establishes any ground object or similar on such land, if such electric lines do not satisfy the technical standards or are unlikely to satisfy them, the main body to take necessary measures, such as relocation of electric lines to be performed in order to make them satisfy the technical standards, or the main body to bear the expenses required for such measures shall be based on the following classifications:
1. With respect to the electric lines which have been established from the enforcement date of Act No. 6283; the amended Act of the Electric Utility Act to the date immediately preceding the enforcement date of this Act, the electric utility business entity under the proviso to Article 72 (2) of the said amended Act;
2. With respect to the electric lines which have been established before the enforcement date of the said amended Act, the owner or occupant of such land.
Article 3 (Transitional Measures concerning Electrical Safety Supervisor)
Any person appointed as a person in charge of electrical safety management under the previous Article 73 (1), (2), and (6) as at the time this Act enters into force shall be deemed appointed as an electrical safety supervisor under the amended provisions of paragraphs (1) through (4) of the same Article.
Article 4 (Transitional Measures concerning Persons Specializing in Electrical Safety Management Duties)
Any person designated by the Minister of Commerce, Industry and Energy as a management agency eligible for performing the duties of a person in charge of electrical safety management under the previous Article 40 (1) 6 of the Act on Special Measures for the Deregulation of Corporate Activities as at the time this Act enters into force shall be deemed to have filed for registration with the Minister of Commerce, Industry and Energy as a person specializing in the electrical safety management duties under the amended provisons of Article 73-5 (1) 1.
Article 5 (Transitional Measures concerning Chief Director)
The chief director of the Safety Corporation as at the time this Act enters into force shall be deemed to be appointed as the President under the amended provisions of Article 76: Provided, That his or her term of office shall commence from the date of appointment as the previous chief director.
Article 6 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
For the purpose of penalty provisions and administrative fines for violations committed before this Act enters into force, the previous provisions shall apply.
Article 7 Omitted.
ADDENDA <Act No. 6656, Feb. 4, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 7017, Dec. 30, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Integrated Energy Supply Business Entities)
(1) Where any integrated energy supply business entity who has obtained a business license pursuant to Article 9 of the Integrated Energy Supply Act prior to February 25, 2004 is supplying, or is slated to supply, electricity in the permitted supply district, the entity shall be deemed a district electric business entity under this Act, beginning with the enforcement date of this Act.
(2) An integrated energy supply business entity under paragraph (1) may supply electricity in the relevant supply district until the date preceding the enforcement date of this Act, notwithstanding Article 31 (1).
Article 3 (Transitional Measures concerning Terms and Conditions of Supply)
Where any integrated energy supply business entity who obtained a business license pursuant to Article 9 of the Integrated Energy Supply Act as at the time this Acts enters into force has reported to the Minister of Commerce, Industry and Energy the terms and conditions of supply under Article 17 of the said Act, he or she shall be deemed to have obtained the approval of the terms and conditions of supply under this Act.
ADDENDA <Act No. 7188, Mar. 11, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date determined by Presidential Decree within the period of three months after the Act is promulgated.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 7284, Dec. 31, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 7508, May 26, 2005>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Transitional Measures) Any act, including disposition, done by the Mayor/Do Governor under the previous Act before this Act enters into force shall be deemed committed by the head of a Si/Gun/Gu under this Act, and any application, notification, or other acts committed to the Mayor/Do Governor under the previous Act before this Acts enters into force shall be deemed an application, notification, or other acts conducted by the head of a Si/Gun/Gu under this Act.
ADDENDUM <Act No. 7744, Dec. 23, 2005>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 7943, Apr. 28, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 15 Omitted.
ADDENDA <Act No. 8135, Dec. 30, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January, 1, 2007.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8194, Jan. 3, 2007>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Applicability to Applications for Authorization) The amended provisions of Article 66-2 (1) shall apply to the first person who files an application for authorization, an application for altering the license, an application for altering the registration, an application for altering authorization, and an application for altering report after this Act enters into force.
(3) (Applicability to Deadlines for Altering Registration or Reports) The amended provisions of Article 73-5 (2) shall apply to the first-arising grounds for alteration after this Act enters into force.
(4) (Transitional Measures concerning Administrative Disposition) The administrative disposition taken against any violation of the partially amended provisions of Articles 12 (1) 4 through 13 and 73-6 with the exception of each subparagraph shall be governed by the previous provisions.
ADDENDA <Act No. 8346, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
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> ··· among the Acts amended by Article 6 of the Addenda, the amendment to an Act, which was promulgated before this Act enters into force but the enforcement date of which has yet to arrive, shall enter into force on the enforcement date of the relevant Act.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9016, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2009. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDUM <Act No. 9017, Mar. 28, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 9244, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9680, May 21, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Registration of Establishment of Partitioned Superficies)
The amended provisions of Article 89-2 shall begin to apply to cases where an agreement has been reached or a ruling of expropriation of the land tribunal has been made with respect to the use of airspace over the land after this Act enters into force.
Article 3 (Applicability to Fees)
The amended provisions of Article 97 (1) 4 shall begin to apply to persons who file an application for modified registration under Article 73-5 (2) after this Act enters into force.
Article 4 (Transitional Measures concerning Certificate of Completion of Report)
(1) The certificate for completion of appointment report issued under the previous Article 73-2 (2) as at the time this Act enters into force shall be deemed the certificate for completion of appointment report issued under the amended provisions of Article 73-2 (2).
(2) The certificate of completion of report issued under previous Article 73-5 (3) as at the time this Act enters into force shall be deemed the certificate of completion of report issued under the amended provisions of Article 73-5 (3).
Article 5 Omitted.
ADDENDA <Act No. 10000, Feb. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 10253, Apr. 12, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ··· <omitted> ··· Article 5 of the Addenda shall enter into force on January 1, 2012.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10500, Mar. 30, 2011>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Applicability to Bearing Expenses for Relocation of Installations) The amended provisions of Article 72 shall begin to apply to cases where the costs and expenses are borne for any electric utility, ground objects, or other goods installed or to be installed after this Act enters into force.
(3) (Applicability to Compensation for Losses) The amended provisions of Article 90-2 shall begin to apply to cases where the consultation on the use of the airspace over or the underground space of any land owned by another person is held after this Act enters into force.
ADDENDA <Act No. 10580, Apr. 12, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10789, Jun. 7, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 10912, 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 its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11965, Jul. 30, 2013>
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. 11968, Jul. 30, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 12154, Jan. 1, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 12329, Jan. 21, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 12357, Jan. 28, 2014>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 12612, May 20, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Incompetents)
Incompetents under adult guardianship provided in the amended provisions of subparagraph 1 of Article 8 shall be deemed to include persons for whom the declaration of incompetency or quasi-incompetency remains effective pursuant to Article 2 of the Addenda to the Civil Act (Act No. 10429).
ADDENDA <Act No. 12816, Oct. 15, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Existing Electric Utility Business Entities)
The Minister of Trade, Industry and Energy shall determine the period for preparation, including the time for obtaining approval of work plans pursuant to the amended provisions of Article 12, and notify an electric utility business entity that has yet to commence business after obtaining the licence under Article 7 (1) as at the time this Act enters into force.
ADDENDUM <Act No. 13313, May 18, 2015>
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 66-2 (1) shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 13340, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 13858, Jan. 27, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 14672, Mar. 21, 2017>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 15644, Jun. 12, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Registration of Electric Vehicle Charging Business)
(1) A person who is registered as a smart grid service provider under the Smart Grid Construction and Utilization Promotion Act and operates business of charging and supplying electric vehicles with electricity, as at the time this Act enters into force, shall be deemed an electric vehicle charging business entity registered under the amended provisions of Article 7-2 (1) for up to six months from the date this Act enters into force: Provided, That the person shall file for registration of such business under the amended provisions of Article 7-2 (1) within six months from the date this Act enters into force, upon meeting the requirements under this Act.
(2) A person who is deemed an electric vehicle charging business entity registered pursuant to the amended provisions of Article 7-2 (1), under the main sentence of paragraph (1), may file a report on terms and conditions under the amended provisions of Article 16-2 (1), within one month from the date this Act enters into force.
(3) A person who is deemed an electric vehicle charging business entity registered pursuant to the amended provisions of Article 7-2 (1), under the main sentence of paragraph (1), shall display charging fees under the amended provisions of Article 96-5, within one month from the date this Act enters into force.
ADDENDA <Act No. 16364, Apr. 23, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 20-2 and subparagraph 2-2 of Article 103 shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Succession to Status of Electric Utility Business Entities by Auction)
The amended provisions of Articles 10-2 and 11 (1) 5 shall begin to apply from the first person who reports after this Act enters into force.
ADDENDUM <Act No. 16480, Aug. 20, 2019>
This Article shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 16568, Aug. 27, 2019>
Article 1 (Enforcement Date)
This Act shall enter into one year after the date of its promulgation.
Articles 2 through 16 Omitted.
ADDENDUM <Act No. 16945, Feb. 4, 2020>
This Article shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 17007, Feb. 18, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2021. (Proviso Omitted.)
Article 2 (Preliminary Measures to Transfer Affairs)
(1) The head of a relevant central administrative agency shall formulate necessary measures to provide required personnel and financial resources necessary for a full-scale transfer of the central administrative authority and affairs under this Act and shall report said measures to a standing committee of the National Assembly not later than three months before the date of entry into force of this Act.
(2) The Committee on Autonomous Decentralization under Article 44 of the Special Act on Local Autonomy and Decentralization, and Restructuring of Local Administrative Systems may specialize in investigating and evaluating required personnel and financial resources under paragraph (1).
Article 3 (General Transitional Measures concerning Administrative Dispositions)
Any disposition or other acts taken or conducted by an administrative agency under the previous provisions as at the time this Act enters into force shall be deemed a disposition or acts taken or conducted by an administrative agency under the provisions of this Act; and any application, report, or other acts filed with or conducted toward an administrative agency under the previous provisions shall be deemed an application, report, or acts filed with or conducted toward an administrative agency under the provisions of this Act.
Article 4 Omitted.
ADDENDA <Act No. 17170, Mar. 31, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That among the amended provisions of Article 7-3 (1), the part of the solar-powered electric generation project for which the Mayor/ Do Governor is the permitting authority shall take effect from January 1, 2021.
Article 2 Omitted.
ADDENDA <Act No. 17171, Mar. 31, 2020>
Article 1 (Enforcement Date)
This Article shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 17344, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDUM <Act No. 17535, Oct. 20, 2020>
This Article shall enter into force six months after the date of its promulgation.