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ENFORCEMENT DECREE OF THE ELECTRIC UTILITY ACT

Wholly Amended by Presidential Decree No. 17137, Feb. 24, 2001

Amended by Presidential Decree No. 17454, Dec. 31, 2001

Presidential Decree No. 17686, Jul. 27, 2002

Presidential Decree No. 17824, Dec. 30, 2002

Presidential Decree No. 18267, Jan. 29, 2004

Presidential Decree No. 18458, jun. 29, 2004

Presidential Decree No. 19023, Aug. 31, 2005

Presidential Decree No. 19024, Aug. 31, 2005

Presidential Decree No. 19064, Sep. 30, 2005

Presidential Decree No. 19188, Dec. 27, 2005

Presidential Decree No. 19513, jun. 12, 2006

Presidential Decree No. 19714, Oct. 26, 2006

Presidential Decree No. 19963, Mar. 27, 2007

Presidential Decree No. 20090, jun. 15, 2007

Presidential Decree No. 20331, Oct. 23, 2007

Presidential Decree No. 20678, Feb. 29, 2008

Presidential Decree No. 21181, Dec. 24, 2008

Presidential Decree No. 21676, Aug. 6, 2009

Presidential Decree No. 21833, Nov. 20, 2009

Presidential Decree No. 22568, Dec. 29, 2010

Presidential Decree No. 23188, Sep. 30, 2011

Presidential Decree No. 23248, Oct. 25, 2011

Presidential Decree No. 23356, Dec. 8, 2011

Presidential Decree No. 23458, Dec. 30, 2011

Presidential Decree No. 23816, May 23, 2012

Presidential Decree No. 24018, Aug. 3, 2012

Presidential Decree No. 24442, Mar. 23, 2013

Presidential Decree No. 25050, Dec. 30, 2013

Presidential Decree No. 25323, Apr. 24, 2014

Presidential Decree No. 25393, jun. 25, 2014

Presidential Decree No. 25736, Nov. 19, 2014

Presidential Decree No. 26054, Jan. 15, 2015

Presidential Decree No. 26439, Jul. 24, 2015

Presidential Decree No. 26489, Aug. 18, 2015

Presidential Decree No. 26630, Nov. 11, 2015

Presidential Decree No. 26703, Dec. 10, 2015

Presidential Decree No. 26763, Dec. 28, 2015

Presidential Decree No. 26916, Jan. 19, 2016

Presidential Decree No. 27404, Jul. 28, 2016

Presidential Decree No. 27927, Mar. 2, 2017

Presidential Decree No. 28074, May 29, 2017

Presidential Decree No. 28212, Jul. 26, 2017

Presidential Decree No. 28493, Dec. 26, 2017

Presidential Decree No. 29344, Dec. 11, 2018

Presidential Decree No. 29450, Dec. 31, 2018

Presidential Decree No. 29792, May 28, 2019

Presidential Decree No. 30509, Mar. 3, 2020

Presidential Decree No. 30509, Mar. 3, 2020

Presidential Decree No. 31066, Sep. 19, 2020

Presidential Decree No. 31380, Jan. 5, 2021

Presidential Decree No. 31386, Jan. 12, 2021

Presidential Decree No. 31516, Mar. 2, 2021

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Electric Utility Act and other matters necessary for enforcing said Act.
[This Article Wholly Amended on Nov. 20, 2009]
 Article 1-2 (Capacity of Electric Power Generating Installations of District Electric Business Entities)
"Size ... prescribed by Presidential Decree" in subparagraph 11 of Article 2 of the Electric Utility Act (hereinafter referred to as the "Act") means 35,000 kilowatts.
[This Article Wholly Amended on Nov. 20, 2009]
 Article 1-3 (Small-Scale Electricity Resources)
(1) "Type and scale prescribed by Presidential Decree" in subparagraph 12-6 (a) of Article 2 of the Act means an installation for generating new or renewable energy, as defined in subparagraph 1 or 2 of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy, with a power generating capacity not exceeding 1,000 kilowatts.
(2) "Scale prescribed by Presidential Decree" in subparagraph 12-6 (b) of Article 2 of the Act means the capacity not exceeding 1,000 kilowatts of an electric power charging/discharging installation.
(3) "Type prescribed by Presidential Decree" in subparagraph 12-6 (c) of Article 2 of the Act means electric vehicles defined in subparagraph 3 of Article 2 of the Act on Promotion of Development and Distribution of Environment-Friendly Motor Vehicles.
[This Article Newly Inserted on Dec. 11, 2018]
 Article 2 (Installations Excluded among Electric Installations)
(1) "Equipment installed in ships, vehicles, or aircraft" in subparagraph 16 of Article 2 of the Act means electric installations installed in relevant ships, vehicles, or aircraft for the purpose of maintaining their functions.
(2) "Products prescribed by Presidential Decree" in subparagraph 16 of Article 2 of the Act means the following:
1. Electric installations operating at below 30 volts without being electrically connected to any electric installation operating at least 30 volts;
2. Telecommunications facilities and equipment defined in subparagraph 2 of Article 2 of the Framework Act on Telecommunications: Provided, That passive equipment for power supply shall be excluded herefrom.
[This Article Wholly Amended on Nov. 20, 2009]
CHAPTER II ELECTRIC UTILITY BUSINESS
 Article 3 (Licensing for at Least Two Types of Electric Utility Business)
The cases where same person may be licensed to engage in at least two types of electric utility business under the proviso to Article 7 (3) of the Act are as follows:
1. Where a person concurrently operates the electric distribution business and the electric sales business;
2. Where a person operates the electric utility business in islands;
3. Where an integrated energy business entity deemed to have obtained a license for electricity generation business under Article 48 of the Integrated Energy Supply Act concurrently operates the electric sales business: Provided, That the foregoing shall apply only where a person intends to supply electric power to the supply district for which the license has been issued under Article 9 of said Act.
[This Article Wholly Amended on Nov. 20, 2009]
 Article 4 (Criteria for Licensing Electric Utility Business)
(1) "Supply capacity determined by Presidential Decree" in Article 7 (5) 4 of the Act means the capacity of supplying at least 60 percent of demand for electricity in a specified supply district.
(2) The procedure for collecting opinions from residents who intend to obtain permission for a power generation project under Article 7 (5) 5 of the Act shall be the procedure under Article 4-2.<Newly Inserted on Sep. 29, 2020>
(3) "Standards prescribed by Presidential Decree" in Article 7 (5) 6 of the Act, means the following: <Amended on Jul. 28, 2016; Sep. 29, 2020>
1. Power stations shall not be concentrated in a certain area to adversely affect the operation of the electric power system;
2. Fuel for power generation shall not be concentrated in a certain area to adversely affect electricity supply and demand;
3. Electricity generation business shall be operated in accordance with the master plan for electricity supply and demand under Article 25 of the Act;
4. Electricity generation business shall not cause any hindrance to the attainment of the goal of reducing greenhouse gas emissions under Article 42 (1) 1 of the Framework Act on Low Carbon, Green Growth.
(4) Detailed standards of the standards prescribed in the subparagraphs of paragraph (3) shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013; Sep. 29, 2020>
[This Article Wholly Amended on Nov. 20, 2009]
 Article 4-2 (Opinion Gathering Procedure for Power Generation Project)
(1) When a person who intends to conduct a power generation project intends to hear the opinions of residents on the contents of the power generation project pursuant to Article 7 (5) 5 of the Act, he/she shall announce the following matters in a daily newspaper (In the case where the power plant is located on the border of an administrative district, including daily newspapers whose main supply area is another adjacent administrative district) whose main supply area is the area where the power plant is located and make sure that the contents of the power generation project should be made available to the residents for perusal:
1. Name, location, and size of the power generation project;
2. Major details of the power generation project (including the capacity of the electricity generation facilities, the scheduled date for commencement of the business, the period for business operation, etc.);
3. An applicant for a license for power generation projects (in cases of a corporation newly established for power generation projects, including the largest stockholder The number of stocks owned by the applicant on his/her own account regardless of whose name is the largest based on the total number of issued stocks with voting rights of the applicant)];
4. Period and method of submitting opinions.
(2) The public notice under paragraph (1) shall be made by the date specified in each of the following classifications:
1. In cases of a project subject to environmental impact assessment under Article 22 of the Environmental Impact Assessment Act: 14 days before the date of filing an application for permission under Article 7 (1) of the Act;
2. In cases of a business that does not fall under subparagraph 1, but falls under any of the following: Seven days before the date of applying for permission under Article 7 (1) of the Act:
(a) Projects subject to small-scale environmental impact assessment under Article 43 of the Environmental Impact Assessment Act;
(b) Projects subject to sea area use impact assessment pursuant to Article 85 of the Marine Environment Management Act;
(c) A project for the power generation of fuel cells under subparagraph 1 (b) of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy (limited to a project for the power generation of power generation facilities with a capacity exceeding 3,000 kilowatts);
(3) A person who has an opinion on the contents of a power generation project announced pursuant to paragraph (1) may submit an opinion according to the period and method for submitting an opinion under subparagraph 4 of the same paragraph.
[This Article Newly Inserted on Sep. 29, 2020]
[Previous Article 4-2 Moved to Article 4-3 <Sep. 29, 2020>]
 Article 4-2 (Standards for Registration of New Electric Utility Business)
(1) The standards that a person who intends to file for registration of new electric utility business under Article 7-2 (3) 2 of the Act with regard to capital, personnel, facilities, etc. shall be as prescribed in attached Table 1.
(2) "Important matters prescribed by Presidential Decree, such as the trade name or representative" in Article 7-2 (4) of the Act means:
1. Company name or title;
2. Representative;
3. Seat of office;
4. The status of manpower on hand according to attached Table 1.
[This Article Newly Inserted on Dec. 11, 2018]
[Moved from Article 4-2 <Sep. 29, 2020>]
 Article 5 (Acquisition of Stocks Subject to Approval)
If a person's acquisition of stocks of any electric utility business entity (excluding an electricity generation business entity with electricity generating capacity of 20,000 kilowatts or less; hereafter the same shall apply in this Article) and of others with the intent to exercise actual control over the management of the electric utility business entity is likely to result in any of the following cases, the person shall obtain approval of the Minister of Trade, Industry and Energy pursuant to Article 10 (1) 3 of the Act: <Amended on Jul. 28, 2016>
1. Where the number of stocks held by the principal or a person who has any of the following relationships with the principal (hereinafter referred to as "specially related persons") on account of either of them, no matter in whose name they are, reaches or exceeds 20/100 of the total number of outstanding voting stocks of an electric utility business entity, and becomes the largest stock holder:
(a) The relationship of a related person defined in Article 9 (1) 1 of the Financial Investment Services and Capital Markets Act;
(b) The relationship of a person who has agreed or arranged with the principal to do any of the following acts directly or through a third party (hereinafter referred to as "joint holdership"):
(i) Acquiring or disposing of stocks jointly or according to the intention of either party;
(ii) Acquiring stocks jointly or according to the intention of either party and then transferring to or acquiring the acquired stocks from each other (including a third party designated by the principal or the person with the joint holdership);
(iii) Exercising voting rights (including the right to instruct the exercise of voting rights) jointly or according to the intention of either party;
(iv) Making a decision, jointly or according to the intention of either party, on any important matter concerning management or business administration, such as restructuring, new investment, or the conclusion of an important contract;
2. Where the number of stocks held by the principal or a specially related persons on account of either of them, no matter in whose name they are, reaches or exceeds 20/100 of the total number of outstanding voting stocks of a corporation referred to in subparagraph 1, and becomes the largest stock holder,
3. Where the principal or a specially related person can exercise dominant control over the management of an electric utility business entity by doing any of the following:
(a) Appointing or removing the representative director of an electric utility business entity or appointing at least 50/100 of the total number of its directors;
(b) Exchanging personnel, including holding multiple positions concurrently by executive officers and employees of the principal or a specially related person and those of an electric utility business entity and transferring personnel between them;
(c) Exercising dominant control over any other important matter concerning management or business administration, such as the restructuring of an electric utility business entity, new investment, or the conclusion of any important contract;
4. Where the principal or a specially related person can exercise dominant control over the management of an electric utility business entity through a stockholder of the electric utility business entity or a specially related person of such stockholder by any method referred to in any item of subparagraph 3.
[This Article Wholly Amended on Jan. 15, 2015]
 Article 5-2 (Exceptions to Examination on Authorization of Acquisition of Business)
"Where there is a justifiable reason prescribed by Presidential Decree, such as when it is difficult to conduct business" in Article 10 (2) 3 of the Act, means the following circumstances:
1. Where it becomes impossible for a solar power plant operator to continuously operate the business due to dissolution, death, or a serious disease or accident corresponding thereto;
2. Where a solar power plant operator becomes unable to continue to operate a business due to an application for bankruptcy or commencement of rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act or the commencement of compulsory execution procedures under the Civil Execution Act;
3. Where it becomes impossible for a solar power plant operator to continue the business due to a natural disaster, fire or other disaster corresponding thereto;
4. Where the Minister of Trade, Industry and Energy deems it impracticable to engage in business, such as that a person pre-plans to engage in an activity that requires approval under Article 10 (1) of the Act before commencing business due to reasons for public interest, etc. and obtains permission for the power generation project.
[This Article Newly Inserted on Sep. 29, 2020]
[Previous Article 5-2 Moved to Article 5-3 <Sep. 29, 2020>]
 Article 5-3 (Standards for Dispositions by Type of Violation by Electric Utility Business Entities and Standards for Imposing Surcharges)
(1) The standards for dispositions by type of violation by an electronic utility business entity and the amount of a surcharge under Article 12 (1) and (5) 1 of the Act shall be as prescribed in attached Table 1-2.
(2) The standards for dispositions by type of violation by a new electronic utility business entity and the amount of a surcharge under Article 12 (2) and (5) 2 of the Act shall be as prescribed in attached Table 1-3.
(3) The Minister of Trade, Industry and Energy may increase or reduce a period of business suspension or the amount of a surcharge by not more than 1/2 of the period of business suspension or the amount of a surcharge prescribed pursuant to paragraph (1) or (2), taking into consideration the motive, relevant facts, frequency, etc. of a violation. Even in such cases, the period of business suspension or the total amount of a surcharge so increased shall not exceed the period or amount prescribed in Article 12 (1), (2), or (5) of the Act.
[This Article Newly Inserted on Dec. 11, 2018]
[Moved from Article 5-2; Previous Article 5-3 moved to Article 5-4 <Sep. 29, 2020>]
 Article 5-4 (Imposition and Payment of Surcharges for Violations by Electric Utility Business Entities)
(1) When the Minister of Trade, Industry and Energy intends to impose a surcharge under Article 12 (5) of the Act, he or she shall give a written notice requiring payment of the surcharge, clearly stating the type of the relevant violation and the amount of the surcharge.
(2) A person to whom a notice is given under paragraph (1) shall pay the surcharge, within 30 days of the date the person receives the notice, to the receiving agency designated by the Minister of Trade, Industry and Energy: Provided, That if a person is unable to pay a surcharge within the specified period due to a natural disaster or other unavoidable cause, the person shall pay it within seven days of the date the cause ceases to exist.
(3) Upon receiving a surcharge pursuant to paragraph (2), the receiving agency shall issue a receipt to the payer.
(4) Upon receiving a surcharge pursuant to paragraph (2), the receiving agency shall notify the Minister of Trade, Industry and Energy of the receipt without delay.
(5) No surcharge shall be paid in installments.
[This Article Newly Inserted on Dec. 11, 2018]
[Moved from Article 5-3; Previous Article 5-4 moved to Article 5-5 <Sep. 29, 2020>]
 Article 5-5 (Justification for Refusal to Supply Electricity)
"Just cause prescribed by Presidential Decree" in Article 14 of the Act means any of the following cases: <Amended on Dec. 26, 2017; Dec. 11, 2018>
1. Where a person who failed to pay electric rates by the due date fails again to pay the amount by the deadline specified in the terms and conditions of supply under Article 16 (4) of the Act (hereinafter referred to as "terms and conditions of supply");
2. Where a person requesting the supply of electricity proposes unreasonable terms and conditions or requests to supply electricity by any other means, deviant from reasonable terms and conditions set by an electric sales business entity or an electric vehicle charging business entity;
2-2. Where an electricity generation business entity [excluding an electricity generation business entity whom the Korea Power Exchange established pursuant to Article 35 of the Act (hereinafter referred to as the "Korea Power Exchange") instructs to supply electricity pursuant to Article 45 of the Act for the operation of the electric power system] suspends the supply of electricity as a measure necessary to maintain and conserve the environments appropriately pursuant to Article 5 of the Act;
3. Where an electricity consumer requests to supply electricity not conforming to the quality of electricity under Article 18 (1) of the Act;
4. Where a person requests to supply electricity during a period set for periodic repair and maintenance of an electric installation for power generation (applicable only to electricity generation business entities);
5. Where a person who intends to use a large amount of electricity fails to request an electric sales business entity, in advance, by the time specified in any of the following, to supply electricity in such amount:
(a) If the estimated consumption is at least 5,000 kilowatts (or 2,000 kilowatts in cases of a general business facility referred to in subparagraph 14 (b) of attached Table 1 of the Enforcement Decree of the Building Act) and not more than 10,000 kilowatts: By not later than one year before the scheduled date of consumption;
(b) If the estimated consumption is at least 10,000 kilowatts and not more than 100,000 kilowatts: By not later than two years before the scheduled date of consumption;
(c) If the estimated consumption is at least 100,000 kilowatts and not more than 300,000 kilowatts: By not later than three years before the scheduled date of consumption;
(d) If the estimated consumption is at least 300,000 kilowatts: By not later than four years before the scheduled date of consumption;
6. Where a person requests to supply electricity without undergoing a pre-use inspection of electric installations for general use under the main sentence of Article 66 (1) of the Act;
7. Where the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply) or the head of any other administrative agency requests to suspend the supply of electricity under Article 66 (6) of the Act or other statutes;
8. Where it is impossible to supply electricity due to a natural disaster or any other emergency incident.
[This Article Newly Inserted on Jul. 28, 2016]
[Moved from Article 5-4 <Sep. 29, 2020>]
 Article 6 (Criteria for Approval of Charges for Use of Electric Installations for Transmission and Distribution of Electric Power)
(1) The criteria for the approval of charges for the use of electric installations and of other terms and conditions of use under Article 15 (1) of the Act and for the approval of any modification of such charges and terms and conditions are as follows:
1. Usage charges shall be determined by adding a reasonable margin to the reasonable cost;
2. No discrimination against any person in using electric installations shall be ensured;
3. Rights and obligations arising in connection with the use of electric installations shall be clearly defined.
(2) Further details concerning the criteria for the approval and the approval of any modification thereof under the subparagraphs of paragraph (1) shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Nov. 20, 2009]
 Article 7 (Criteria for Approval of Basic Terms and Conditions of Supply)
(1) The criteria for the approval of terms and conditions concerning electric rates and other conditions of supply under Article 16 (1) of the Act are as follows:
1. Electric rates shall be determined by adding a reasonable margin to the reasonable cost;
2. Electric rates shall be separately determined for each type of supply or for each range of voltage;
3. Rights, obligations, and liabilities between an electric sales business entity and an electricity consumer shall be clearly defined;
4. The person responsible for the establishment of electric installations, including electric meters, and the person obligated to pay the cost of installations shall be clearly specified.
(2) Further details concerning the criteria for the approval and the approval of any modification thereof under the subparagraphs of paragraph (1) shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Nov. 20, 2009]
 Article 7-2 (Reporting of Terms and Conditions of New Electric Utility Business)
The terms and conditions under Article 16-2 (1) of the Act (hereinafter referred to as "terms and conditions of new electric utility business") shall include:
1. The scope of application of the terms and conditions of new electric utility business;
2. Rights and obligations of parties involved;
3. The criteria and method for determining charges or prices;
4. Payment, receipt, and refund of charges or prices;
5. Liability of, and compensation by, the new electric utility business entity;
6. Exemption from liability;
7. Costs borne by persons referred to in the items of Article 16-2 (3) 2 of the Act (hereafter referred to as "consumers" in this Article);
8. Other matters necessary for protecting consumers, etc.
[This Article Newly Inserted on Dec. 11, 2018]
 Article 8 (Exception to Installation of Electric Meters)
"Electricity generation business entities determined by Presidential Decree" in Article 19 (1) 1 of the Act means an electricity generation business entity who engages in electricity trading under the proviso to Article 31 (1) of the Act.
[This Article Wholly Amended on Nov. 20, 2009]
 Article 9 (Types of and Criteria for Prohibited Conduct)
(1) The conduct provided in Article 21 (1) 1 of the Act shall be defined as the preparation and submission of false materials by an electricity generation business entity concerning a bidding price for, or the performance or technical features of, a power generator, causing the electricity trading price supplied by the electricity generation business entity to exceed a reasonable price.
(2) The conduct provided in Article 21 (1) 2 of the Act shall be defined as any of the following conduct related to a professional or technical matter concerning stable supply of electricity: <Amended on Mar. 23, 2013>
1. Unfairly delaying or evading negotiations with a user of an electric installation on the use of such installation;
2. Unfairly discriminating against any user in charges for the use of an electric installation or terms and conditions of the use of such installation;
3. Refusing to provide services for the use of an electric installation or delaying such services, without good cause;
4. Refusing to maintain, or repair an electric installation provided for use, without good cause;
5. Any conduct specified by Ordinance of the Ministry of Trade, Industry and Energy as that of unfairly discriminating against a person in providing services for the use of an electric installation or delaying or evading the performance of the obligation to provide services for the use, similarly to that prescribed in subparagraphs 1 through 4.
(3) The conduct provided in Article 21 (1) 3 of the Act shall be defined as any of the following: <Amended on Mar. 23, 2013; Dec. 11, 2018>
1. Intruding on business activities or interests of an electric utility business entity and a new electric utility business entity (hereinafter referred to as "electric utility business entity, etc.") by providing a third party with information acquired while providing services for the use of an electric installation, without consent of the electric utility business entity, etc.;
2. Placing an electric utility business entity, etc. at a disadvantage in determining charges for the use of an electric installation by the electric utility business entity, etc. by using information acquired while providing services for the use of the electric installation;
3. Any conduct specified by the Ministry of Trade, Industry and Energy as that of intruding on business activities or interests of another electric utility business entity, etc. by using information thereabout, similarly to that prescribed in subparagraphs 1 and 2.
(4) The conduct provided in Article 21 (1) 4 of the Act shall be defined as any of the following: <Amended on Mar. 23, 2013>
1. Determining electric rates or charges for the use of an electric installation, in breach of the Korea Financial Accounting Standards, etc.;
2. Determining unreasonable electric rates or charges for the use of an electric installation by paying a subsidy to other business or by other means, where a person concurrently operates electric utility business and other business or at least two electric utility business;
3. Any conduct specified by the Ministry of Trade, Industry and Energy as that of determining unreasonable electric rates or charges for the use of an electric installation, similarly to that prescribed in subparagraphs 1 and 2.
(5) The conduct provided in Article 21 (1) 5 of the Act shall be defined as any of the following: <Amended on Mar. 23, 2013>
1. Refusing to supply electricity or suspending the supply of electricity, without good cause;
2. Delaying services, without good cause, upon receiving a request from an electricity consumer for services related to the supply of electricity;
3. Supplying electricity by any method breaching terms and conditions of supply or by any method not stipulated in terms and conditions of supply;
4. Placing any electricity consumer at a disadvantage by discriminating against the electricity consumer, without good cause;
5. Any conduct specified by Ordinance of the Ministry of Trade, Industry and Energy as that of severely harming interests of an electricity consumer, similarly to that prescribed in subparagraphs 1 through 4.
(6) The conduct provided in Article 21 (1) 6 of the Act shall be defined as any of the following: <Amended on Dec. 26, 2017>
1. The failure by an electricity generation business entity, electric transmission business entity, or electric distribution business entity to comply with an instruction given by the Korea Power Exchange with regard to the operation of the electric power system, without good cause;
2. The failure by an electric transmission business entity or electric distribution business entity performing services related to the operation of the electric power system pursuant to Article 45 (3) of the Act to comply with an instruction given by the Korea Power Exchange with regard to the operation of the electric power system within the specified period.
[This Article Wholly Amended on Nov. 20, 2009]
 Article 10 (Fact-Finding Investigations)
(1) Any public official who intends to enter the office and place of business of an electric utility business entity, etc. or the place of business of a person performing services entrusted by an electric utility business entity, etc. to conduct an investigation shall have interested persons in such office and place of business be present at the investigation. <Amended on Sep. 30, 2011; Dec. 11, 2018>
(2) The Minister of Trade, Industry and Energy may have appropriate experts participate in the investigation as he or she deems necessary in relation to a fact-finding investigation under Article 22 of the Act. In such cases, allowances, travel expenses, and other necessary expenses may be paid to appropriate experts, within the budget. <Newly Inserted on Sep. 30, 2011; Mar. 23, 2013>
[This Article Wholly Amended on Nov. 20, 2009]
 Article 11 (Measures against Prohibited Acts)
"Matters prescribed by Presidential Decree" in Article 23 (1) 6 of the Act means amendments to terms and conditions of supply or terms and conditions of a contract.
[This Article Wholly Amended on Jul. 28, 2016]
 Article 12 (Methods of Determining Surcharges for Prohibited Conduct)
(1) "Amount of sales" in Article 24 (1) of the Act means the amount of annual average sales for three business years immediately before the business year in which any prohibited conduct is committed in the electric utility business or new electric utility business related to the prohibited conduct by the relevant electric utility business entity, etc. (hereafter referred to as "relevant business year" in this paragraph): Provided, That if three years have not passed, as of the beginning of the relevant business year, since the relevant business commenced, it refers to the amount of sales until the end of the business year immediately before the relevant business year, as converted into the amount of annual average sales, but it refers to the amount of sales for the period beginning with the date the business commenced and ending with the date the prohibited conduct is committed if the business commenced in the relevant business year, as converted into the amount of annual sales. <Amended on Dec. 11, 2018>
(2) "Cases prescribed by Presidential Decree" in the proviso to Article 24 (1) of the Act means cases that fall under any of the following subparagraphs: <Amended on Dec. 11, 2018>
1. Where no business performance has been made due to business interruption or other event;
2. Where an electronic utility business entity or similar refuses to submit materials necessary for determining the amount of sales or submits false materials;
3. Other cases where it is impracticable to determine the amount of sales objectively.
[This Article Wholly Amended on Nov. 20, 2009]
[Title Amended on Dec. 11, 2018]
 Article 13 (Maximum Amount of Surcharges for Prohibited Conduct and Criteria for Imposition)
(1) The types of violations subject to the imposition of surcharges under Article 24 (2) of the Act and the maximum amount of a surcharge shall be as prescribed in attached Table 1-4. <Amended on Dec. 11, 2018>
(2) In determining the amount of a surcharge specifically within the limit of the maximum amount specified in paragraph (1), the Minister of Trade, Industry and Energy shall take all the following factors into consideration and may increase or reduce the amount by not more than 1/2 of the amount of a surcharge specified in paragraph (1). Even in such cases, the total amount of a surcharge so increased shall not exceed the amount specified in Article 24 (1) of the Act. <Amended on Mar. 23, 2013; Dec. 11, 2018>
1. Relevant facts and the degree of the relevant violation;
2. The duration and number of violations;
3. The amount of economic gain acquired by the relevant violation;
4. The number of measures taken or surcharges imposed for violations.
[This Article Wholly Amended on Nov. 20, 2009]
[Title Amended on Dec. 11, 2018]
 Article 14 (Imposition and Payment of Surcharges for Prohibited Conduct)
(1) When the Minister of Trade, Industry and Energy intends to impose a surcharge under Article 24 of the Act, he or she shall investigate and ascertain the relevant violation and shall give a notice requiring payment of the surcharge, stating the type of the violation, the amount of the surcharge, etc. <Amended on Mar. 23, 2013>
(2) A person to whom a notice is given under paragraph (1) shall pay the surcharge to the receiving agency designated by the Minister of Trade, Industry and Energy within 30 days of the date the person receives the notice: Provided, That if a person is unable to pay a surcharge within the specified period due to a natural disaster or other unavoidable cause, the person shall pay it within seven days of the date the cause ceases to exist. <Amended on Mar. 23, 2013>
(3) Upon receiving a surcharge pursuant to paragraph (2), the receiving agency shall issue a receipt to the payer.
(4) Upon receiving a surcharge pursuant to paragraph (2), the receiving agency shall notify the Minister of Trade, Industry and Energy of the receipt without delay. <Amended on Mar. 23, 2013>
(5) No surcharge shall be paid in installments
[This Article Wholly Amended on Nov. 20, 2009]
[Title Amended on Dec. 11, 2018]
CHAPTER III STABILITY OF ELECTRICITY SUPPLY AND DEMAND
 Article 15 (Formulation of Master Plan for Electricity Supply and Demand)
(1) A master plan for electricity supply and demand under Article 25 of the Act (hereinafter referred to as "master plan") shall be formulated and implemented biennially.
(2) "Cause prescribed by Presidential Decree, such as that a public hearing fails to be held in an ordinary manner" in the proviso to Article 25 (2) of the Act means any of the following: <Amended on Apr. 24, 2014>
1. Where interruption by interested persons, etc. made it impossible to hold a public hearing at least twice;
2. Where a public hearing was held but could not proceed properly due to interruption by interested persons, etc.
(3) Where the Minister of Trade, Industry and Energy fails to hold a public hearing due to a cause provided in the proviso to Article 25 (2) of the Act, he or she shall publish the following facts on the website of the Ministry of Trade, Industry and Energy and shall seek opinions thereon: <Amended on Apr. 24, 2014>
1. The cause that made it impossible to hold a public hearing;
2. The method of access to the draft master plan;
3. The timing of and method for presenting opinions;
4. Other matters that the Minister of Trade, Industry and Energy deems necessary.
[This Article Wholly Amended on Nov. 20, 2009]
 Article 15-2 (Changes of Minor Matters in Master Plans)
"Where minor matters prescribed by Presidential Decree ... are to be changed" in Article 25 (3) of the Act means any of the following:
1. Where the period for the commencement, completion, etc. of works for establishing electric installations is adjusted by not more than two years;
2. Where the capacity of each electric installation is changed by not more than 20 percent;
3. Where the total capacity of electric installations per year is changed by not more than five percent.
[This Article Newly Inserted on Apr. 24, 2014]
 Article 16 (Institutions Obligated to Submit Data)
"Related agencies and organizations prescribed by Presidential Decree" in Article 25 (8) of the Act means the following: <Amended on Mar. 23, 2013; Apr. 24, 2014; Jun. 25, 2014; Nov. 19, 2014; Jul. 24, 2015>
1. Persons who use the Electric Power Industry Basis Fund under Article 48 of the Act (hereinafter referred to as the "Fund");
2. Korea Energy Agency under Article 45 of the Energy Use Rationalization Act;
3. New and renewable energy centers under Article 31 (1) of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy;
4. Research institutes related to the electric power industry among government-funded science and technology research institutes under Article 2 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes;
5. Institutions determined and publicly notified by the Minister of Trade, Industry and Energy among public institutions under the Act on the Management of Public Institutions;
6. Persons who have established an electric installation for private use or an organization related to the electric power industry;
7. Persons who are registered as a smart grid service provider under Article 12 (1) of the Smart Grid Construction and Utilization Promotion Act, who trade electricity in the electricity market pursuant to Article 31 (5) of the Act.
[This Article Wholly Amended on Nov. 20, 2009]
 Article 16-2 (Basic Inspection and Hearing of Opinions)
(1) The matters to be included in a basic inspection that a person who intends to start a new electricity generation business according the master plan (hereinafter referred to as "prospective business entity") shall conduct pursuant to Article 25-2 (1) of the Act, shall be as prescribed in attached Table 1-5. <Amended on Dec. 11, 2018>
(2) A prospective business entity shall publish the following facts in a local newspaper and on the website of the prospective business entity to hear opinions from local residents, appropriate experts, etc. pursuant to Article 25-2 (1) of the Act (hereinafter referred to as "hearing of opinions") on the relevant electricity generation business: Provided, That hearings of opinions may be substituted by a procedure equivalent to the hearings of opinions under other statutes or regulations if the Minister of Trade, Industry and Energy recognizes that the relevant case has successfully undergone such procedure:
1. The overview of the relevant electricity generation business;
2. Findings of the basic inspection;
3. The timing of and method for presenting opinions;
(3) The Minister of Trade, Industry and Energy shall notify a prospective business entity that the prospective business entity shall conduct a basic inspection and hear opinions and of the deadline by which the prospective business entity shall submit findings of the inspection, by not later than three months before the scheduled date of formulation of a master plan.
(4) A prospective business entity shall submit the findings of the basic inspection and of the hearings of opinions to the Minister of Trade, Industry and Energy by the deadline for submission under paragraph (3).
[This Article Newly Inserted on Apr. 24, 2014]
 Article 17 (Reporting of Plans for Establishing Electric Installations and for Supplying Electricity)
(1) Pursuant to Article 26 of the Act, an electric utility business entity shall prepare plans for establishing electric installations and for supplying electricity for a planning period of at least three years and shall report the plans to the Minister of Trade, Industry and Energy by the end of December each year. <Amended on Mar. 23, 2013>
(2) The procedures for reporting 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 Nov. 20, 2009]
 Article 17-2 (Management of Credibility of Electric Power Systems)
(1) The Minister of Trade, Industry and Energy shall always monitor the compliance of standards for maintaining the credibility of the electric power system under Article 27-2 (1) of the Act.
(2) Pursuant to Article 27-2 (3) of the Act, the Minister of Trade, Industry and Energy shall evaluate the following matters with respect to the Korea Power Exchange or electric utility business entities: <Amended on Aug. 18, 2015>
1. The level of credibility maintained in the electric power system;
2. The following matters concerning the operation of the electric power system:
(a) A business plan and performance of the plan;
(b) Feasibility of a plan for the investment in electric installations;
(c) Appropriateness of self-inspections and management of electric installations, telecommunications systems, computer systems, etc.
(3) When the Minister of Trade, Industry and Energy intends to conduct an evaluation pursuant to paragraph (2), he or she shall notify the Korea Power Exchange and the relevant electric utility business entity of the following matters, by not later than 15 days before conducting the evaluation:
1. Items of the evaluation;
2. A list of materials required to be submitted.
(4) When an accident occurs affecting the maintenance of credibility of the electric power system, the Minister of Trade, Industry and Energy shall conduct an investigation pursuant to Article 27-2 (3) of the Act to analyze the causes of the accident and to prepare measures to prevent recurrence. <Amended on Aug. 18, 2015>
(5) Pursuant to Article 27-2 (3) of the Act, the Minister of Trade, Industry and Energy shall publish the findings of the monitoring, evaluation, investigation, etc. of the maintenance of credibility of the electric power system on the website of the Korea Power Exchange. <Newly Inserted on Aug. 18, 2015>
(6) Except as provided in paragraphs (1) through (5), further details concerning the monitoring, evaluation, and investigation of the maintenance of credibility of the electric power system and the disclosure of findings thereof shall be separately determined by the Minister of Trade, Industry and Energy. <Amended on Aug. 18, 2015>
[This Article Newly Inserted on Apr. 24, 2014]
 Article 18 (Preparation of Plans for Manufacture and Supply of Fuels for Nuclear Power Generation)
(1) A plan for the manufacture and supply of fuel for nuclear power generation under Article 28 of the Act (hereafter referred to as "plan for the manufacture and supply of fuel for nuclear power generation" in this Article) shall be prepared for each process of refinement, conversion, and fabrication under subparagraphs 11 through 13 of Article 2 of the Nuclear Safety Act. <Amended on Oct. 25, 2011>
(2) The criteria for the approval of a plan for the manufacture and supply of fuel for nuclear power generation are as follows:
1. A plan for the manufacture and supply of fuel for nuclear power generation shall be consistent with the State's policy on the nuclear power industry;
2. The work process of each facility for manufacturing fuel for nuclear power generation shall be specific and feasible;
3. A plan for securing human resources for designing and producing fuel for nuclear power generation shall be appropriate;
4. The method for financing the implementation of a plan for the manufacture and supply of fuel for nuclear power generation shall be specific and feasible.
(3) The procedures for the approval of plans for the manufacture and supply of fuel for nuclear power generation 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 Nov. 20, 2009]
CHAPTER IV ELECTRICITY MARKET
 Article 19 (Electricity Trading)
(1) "Cases prescribed by Presidential Decree, including islands" in the proviso to Article 31 (1) of the Act means the following: <Amended on Jan. 12, 2021>
1. Where electricity is traded in islands not connected to the electric power system operated by the Korea Power Exchange;
2. Where an entity engaged in new and renewable power generation business (hereinafter referred to as "entity engaged in new and renewable power generation business"), as defined in subparagraph 5 of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy, trades electricity produced by the business entity by using an electric power generating installation with a capacity not exceeding 1,000 kilowatts;
3. Electric sales with electric installations (excluding any person who has established electric installations for private use) in an amount exceeding 1,000 kilowatts, produced by using the total generation installations (the capacity of the power generation facilities shall be aggregated, if at least two new and renewable energy suppliers jointly supply the same) satisfying the requirements determined and publicly notified by the Minister of Trade, Industry and Energy. Where electricity is supplied to an operator and an operator of the electric sales business trades electricity by supplying electricity to consumers of electricity who meet the requirements determined and publicly announced by the Minister of Trade, Industry and Energy;
(2) "Cases prescribed by Presidential Decree" in the proviso to Article 31 (2) of the Act means cases that fall under any of the following subparagraphs: <Amended on Mar. 2, 2017>
1. Where a person who has a solar energy system put in place trades electricity left over after being consumed by the person out of electricity generated by such system;
2. Where a person who has any system other than a solar energy system (in cases of systems using coal as their energy source, such systems shall be limited to those for which an application for, or a report on, a plan for works for establishment or alteration is filed by February 28, 2017 pursuant to the former part of Article 62 (1) or of Article 62 (2) of the Act) put in place trades less than 50 percent of the annual gross production of electricity generated by the relevant system.
(3) The procedures for electricity trading among electricity generation business entities, electric sales business entities, electricity users, and persons who have established electricity installations for private use under Article 31 (1) and (2) of the Act and other necessary matters shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013; Jan. 12, 2021>
(4) Pursuant to Article 31 (3) of the Act, a district electric business entity may trade electricity in the electricity market in any of the following cases: <Amended on Mar. 23, 2013>
1. A shortage or surplus of electricity compared to the demand of the particular supply district, based on the licensed capacity of supply;
2. A shortage of electricity compared to the demand of a particular supply district due to failure, a periodic inspection, or repair of power generators or any other event;
3. A shortage of electricity compared to the demand of a particular supply district with electricity produced by a person referred to in subparagraph 1 of Article 59-2, where such person curtails the operation of power generators due to a decrease in the demand for heat in the particular supply district during the period specified by Ordinance of the Ministry of Trade, Industry and Energy.
(5) "Electricity generation business entity with a scale not exceeding that determined by Presidential Decree" in Article 31 (4) 1 of the Act means an electricity generation business entity whose electric installation has a capacity not exceeding 20,000 kilowatts.
(6) "Person prescribed by Presidential Decree" in the main sentence of Article 31 (5) of the Act means a demand response management service provider prescribed in attached Table 1 of the Enforcement Decree of the Smart Grid Construction and Utilization Promotion Act (hereinafter referred to as "demand management service provider"). <Newly Inserted on Nov. 19, 2014>
(7) Where a demand management service provider who belongs to a business group subject to limitations on cross-shareholding, as referred to in Article 9 (1) of the Monopoly Regulation and Fair Trade Act, (hereafter referred to as "business group" in this paragraph) trades electricity pursuant to the main sentence of Article 31 (5) of the Act, the ratio of the amount of electricity traded under subparagraph 1 to the sum of electricity traded under subparagraphs 1 and 2 shall not exceed 30/100: <Newly Inserted on Nov. 19, 2014>
1. The amount of electricity traded, which has been procured by reducing the consumption of electricity (referring to reduction in accordance with an instruction given by the Korea Power Exchange to a demand management service provider under Article 45 (1) of the Act to reduce the consumption of electricity for the operation of the electric power system; hereinafter the same shall apply) by electricity consumers (excluding the relevant demand management service provider) inside the business group to which the demand management service provider belongs;
2. The amount of electricity traded, which has been procured by reducing the consumption of electricity by electricity consumers outside the business group to which the demand management service provider belongs.
[This Article Wholly Amended on Nov. 20, 2009]
 Article 19-2 (Business Suspension Order and Cancellation Procedure)
(1) Where the Minister of Trade, Industry and Energy orders a power generation business entity to suspend business operations pursuant to Article 31-2 (2) of the Act, he or she shall inform the Korea Power Exchange under Article 35 of the Act and the Korea Electric Power Corporation under the Korea Electric Power Corporation Act of such fact.
(2) A person in receipt of an order to suspend business under Article 31-2 (2) of the Act may apply for revocation of the order to suspend business, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, upon completion of the interim restoration work under Article 39 (2) of the Mountainous Districts Management Act.
(3) "When there is a reason prescribed by Presidential Decree, such as when the completion of restoration is unavoidably delayed due to seasonal factors, or when partial restoration is possible." as prescribed in Article 31-2 (3) of the Act means any of the following cases:
1. Cases where restoration completion is inevitably delayed due to a natural disaster, such as wind damage, typhoon, cold wave, etc.;
2. Where completion for partial restoration of the building site may be completed in order by dividing the building site;
3. Where the use of electric installations is deemed urgently necessary for the stable supply of and demand for electricity.
(4) A person who intends to have an order to suspend business suspended under Article 31-2 (3) of the Act shall file an application for suspension of the order, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
[This Article Newly Inserted on Sep. 29, 2020]
 Article 20 (Direct Purchase of Electricity)
"Consumer who uses a volume exceeding that prescribed by Presidential Decree" in the proviso to Article 32 of the Act means an electricity consumer whose passive equipment has a capacity at least 30,000 kilovolt-amperes.
[This Article Wholly Amended on Nov. 20, 2009]
 Article 20-2 (Persons Subject to Agreement on Compensation for Difference)
"Electricity generation businesses entities and electricity purchasers meeting the standards prescribed by Presidential Decree" in the main sentence of Article 34 (2) of the Act means the following electricity generation businesses entities and electricity purchasers:
1. Electricity generation business entities: electricity generation business entities who meet all the following requirements:
(a) An electricity generation business entity shall use the low-cost power generation source determined and publicly notified by the Minister of Trade, Industry and Energy;
(b) An electricity generation business entity shall have a power generator with a capacity exceeding 20,000 kilowatts;
2. Electricity purchasers: The Electricity purchasers who fall within any of the following categories:
(a) An electric sales business entity;
(b) A district electric business entity who purchases electricity pursuant to Article 19 (4) 3 of this Decree, among district electric business entities who purchase electricity pursuant to Article 31 (3) of the Act;
(c) An electricity consumer who directly purchases electricity pursuant to the proviso to Article 32 of the Act and Article 20 of this Decree.
[This Article Newly Inserted on Nov. 19, 2014]
 Article 20-3 (Compensation for Contributions to Projects for Assistance to Dam Environs)
(1) A relevant dam management authority or the person to whom the management of a dam is entrusted under Article 15 of the Act on Construction of Dams and Assistance to Their Environs shall determine a base price under the main sentence of Article 34 (2) of the Act and shall notify the relevant electricity purchaser of the fact of reduction and the reduced amount of contributions, by not later than six months before the commencement of projects for assistance to dam environs (referring to projects for assistance under Article 43 of said Act; hereinafter referred to as "relevant projects for assistance to dam environs") for the second year after the year in which the relevant agreement enters into force, where contributions made under Article 44 (2) 1 of the Act on Construction of Dams and Assistance to Their Environs are reduced as a result of entering into an agreement on compensation for the difference between the base price and the electricity trading price (hereinafter referred to as "agreement on compensation for difference").
(2) Upon receiving notice under paragraph (1), an electricity purchaser shall compensate the reduced amount by not later than one month before the relevant project for assistance to dam environs commences.
[This Article Newly Inserted on Nov. 19, 2014]
 Article 20-4 (Approval of Agreement on Compensation for Difference)
(1) An agreement entered into by an electricity generation business entity and an electricity purchaser on compensation for difference pursuant to the main sentence of Article 34 (2) of the Act shall include the following:
1. Parties to the agreement;
2. The following matters related to terms and conditions of the agreement:
(a) The base price:
(b) Generators subject to the agreement on compensation for difference;
(c) The agreed amount of electricity;
(d) The term of agreement;
3. Rights and obligations of parties to the agreement;
4. The methods and procedures for the settlement of payments.
(2) An electricity generation business entity and an electricity purchaser who intend to obtain approval from the Minister of Trade, Industry and Energy pursuant to the former part of Article 34 (3) of the Act shall jointly apply for the approval to the Minister of Trade, Industry and Energy, by not later than three months before the beginning of the term of agreement, in the approval application form prescribed by Ordinance of the Ministry of Trade, Industry and Energy, along with documents proving the matters referred to in the subparagraphs of paragraph (1): Provided, That if the Minister of Trade, Industry and Energy determines that it is impracticable to file an approval application by not later than three months before the beginning of the term of agreement, due to special circumstances, he or she may extend the deadline for application by one month only once.
(3) An electricity generation business entity and an electricity purchaser who intend to apply for modified approval pursuant to the latter part of Article 34 (3) of the Act shall jointly apply for approval of the modification within one month of the date an event requiring the modification occurs, in the application form for modified approval, prescribed by Ordinance of the Ministry of Trade, Industry and Energy, along with documents proving the relevant modifications.
(4) Upon receiving an application for approval under paragraph (2), the Minister of Trade, Industry and Energy shall determine whether to grant approval and shall notify the electricity generation business entity and the electricity purchaser of his or her determination before the beginning of the relevant term of agreement.
(5) The Minister of Trade, Industry and Energy may determine and publicly notify detailed matters necessary for the conclusion and approval of an agreement on compensation for difference, including terms and conditions to be contained in an agreement on compensation for difference. In such cases, the Minister of Trade, Industry and Energy may seek opinions from the heads of related central administrative agencies as necessary.
[This Article Newly Inserted on Nov. 19, 2014]
 Article 20-5 (Modification to Minor Matters)
"Minor matters prescribed by Presidential Decree" in the proviso to Article 34 (4) of the Act means modifications to any of the following matters:
1. The trade name or name of either party to an agreement (including the representative of the party to an agreement);
2. The name of the power generator subject to an agreement;
3. Other matters determined and publicly notified by the Minister of Trade, Industry and Energy, including a simple correction of the content of an agreement.
[This Article Newly Inserted on Nov. 19, 2014]
 Article 20-6 (Establishment and Operation of System for Operating Electric Power System)
The Korea Power Exchange may establish and operate a system for operating the electric power system in order to perform business activities related to the operation of the electric power system pursuant to Article 36 (1) 7 of the Act.
[This Article Newly Inserted on Aug. 18, 2015]
 Article 21 (Commissions for Electricity Trading)
(1) The commissions under Article 40 (1) 2 of the Act shall be determined by the following formula:
Commission (KRW/kilowatt hours) = Annual operating cost of the Korea Power Exchange/[Estimated amount of electricity to be traded per year (in kilowatt hours) × 2]
(2) The standards for determining the annual operating cost of the Korea Power Exchange and the estimated amount of electricity to be traded per year under paragraph (1) are as follows: <Amended on Nov. 19, 2014>
1. Annual operating cost of the Korea Power Exchange: Costs and expenses shall be determined, including personnel expenses, service fees, research and development expenses, facility costs, repair and maintenance expenses, and the principal of borrowed loans and interest thereon;
2. Estimated amount of electricity to be traded per year: It shall be determined by reflecting the increase or decrease in the estimated demand for electricity for the relevant year in the total amount of electricity traded in the previous year between an electricity generation business entity and a demand management service provider.
[This Article Wholly Amended on Nov. 20, 2009]
 Article 22 (Scope of Disclosure of Information and Procedures for Disclosure)
(1) Pursuant to Article 41 (1) of the Act, the Korea Power Exchange shall disclose information about the operation of the electricity market and the electric power system, as specified in attached Table 1-6. <Amended on Dec. 11, 2018>
(2) The disclosure under paragraph (1) shall be made by publishing information on the website of the Korea Power Exchange and may be done additionally by the following methods:
1. Broadcasts:
2. Publishing in a daily newspaper or a magazine specializing in electric power.
(3) The Korea Power Exchange shall preserve the information referred to in attached Table 1-6 for one year. <Amended on Dec. 11, 2018>
(4) The information and data that the Korea Power Exchange discloses to the public or provides to electric utility business entities pursuant to Article 41 (1) and (2) of the Act shall be limited to information and data in which information subject to non-disclosure under Article 9 of the Official Information Disclosure Act is not included.
[This Article Wholly Amended on Aug. 18, 2015]
CHAPTER V FORMULATION OF PLANS TO CREATE FOUNDATIONS FOR ELECTRIC POWER INDUSTRY
 Article 23 (Formulation of Plans to Create Foundations for Electric Power Industry)
(1) A plan to create a foundation for the electric power industry under Article 47 (1) of the Act (hereinafter referred to as "plan to create a foundation for the electric power industry") shall be formulated and implemented every three years.
(2) When the Minister of Trade, Industry and Energy intends to formulate a plan to create a foundation for the electric power industry, he or she shall submit the plan to the Electric Policy Council for deliberation. The foregoing shall also apply to any modification of the plan. <Amended on Mar. 23, 2013>
(3) When the Minister of Trade, Industry and Energy intends to formulate a plan to create a foundation for the electric power industry, he or she shall reflect the amount of coal to be consumed under a long-term plan for the coal industry under Article 3 of the Coal Industry Act, a scheme to compensate a difference between the electricity trading price to electricity generation business entities using coal for power generation and the cost incurred to them in power generation and other relevant factors. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Nov. 20, 2009]
 Article 24 (Formulation, etc. of Implementation Plans)
(1) The Minister of Trade, Industry and Energy shall formulate and publicly announce an annual implementation plan in order to efficiently implement the plan to create a foundation for the electric power industry. <Amended on Mar. 23, 2013>
(2) An implementation plan under paragraph (1) shall include the following:
1. The implementation of projects for creating a foundation for the electric power industry;
2. The required fund and a funding plan;
3. The methods of implementation;
4. Financial assistance;
5. Other matters required for implementing the implementation plan.
(3) When the Minister of Trade, Industry and Energy intends to formulate an implementation plan pursuant to paragraph (1), he or she shall submit the plan to the Electric Policy Council for deliberation. The foregoing shall also apply to any modification of the plan. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Nov. 20, 2009]
 Article 25 (Implementation of Projects for Creating Foundations for Electric Power Industry)
(1) The Minister of Trade, Industry and Energy may authorize an electric utility business entity, the Korea Power Exchange, or a person referred to in the subparagraphs of Article 16 (hereinafter referred to as "implementing agency") to perform services related to the implementation of projects for creating a foundation for the electric power industry under Article 24 (2) 1. <Amended on Mar. 23, 2013>
(2) The Minister of Trade, Industry and Energy may authorize an agency designated by him or her (hereinafter referred to as "agency with overall responsibility for planning, management, and evaluation") to perform such services as planning, management, and evaluation in relation to the implementation of projects performed for creating a foundation for the electric power industry pursuant to paragraph (1). <Amended on Mar. 23, 2013>
(3) When a research and development project for the electric power industry under subparagraph 5 of Article 49 of the Act (hereinafter referred to as "research and development project"), among projects for creating a foundation for the electric power industry, is completed, the implementing agency may use achievements of the project directly or may grant another person a license to use them upon an application.
(4) When the implementing agency uses achievements directly or grants a license to use them to another person, it shall pay royalties to the agency with overall responsibility for planning, management, and evaluation in accordance with the agreement made under Article 26 (1). In such cases, the agency with overall responsibility for planning, management, and evaluation shall contribute the royalties so received to the Fund for the Promotion of Development and Commercialization of Industrial Technology under Article 37-2 of the Industrial Technology Innovation Promotion Act. <Amended on Dec. 26, 2017>
(5) The persons eligible for participating in projects for creating a foundation for the electric power industry under paragraph (1) and matters related to the planning, management, and evaluation under paragraph (2) shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Nov. 20, 2009]
 Article 26 (Conclusion of Agreements)
(1) When the Minister of Trade, Industry and Energy intends to implement a project for creating a foundation for the electric power industry, he or she shall enter into an agreement with the head of the implementing agency. <Amended on Mar. 23, 2013>
(2) An agreement entered into pursuant to paragraph (1) shall include the following: <Amended on Mar. 23, 2013>
1. Tasks and the scope of the project and the method for implementing the project;
2. Payment of the project cost;
3. Reporting of outcomes of the implementation of the project and utilization of the outcomes;
4. Amendment, cancellation, and breaches of the agreement;
5. Collection of royalties in cases of a research and development project;
6. Other matters that the Minister of Trade, Industry and Energy deems necessary.
[This Article Wholly Amended on Nov. 20, 2009]
 Article 27 Deleted. <Nov. 20, 2009>
 Article 28 (Composition of Electric Policy Council)
(1) Deleted. <Jul. 28, 2016>
(2) The Electric Policy Council shall be comprised of the following persons: <Amended on Mar. 23, 2013; Jul. 28, 2016; Jul. 26, 2017>
1. Persons designated by the heads of the agencies to which they belong, from among Grade-III public officials of related central administrative agencies, including the Ministry of Economy and Finance, the Ministry of Science and ICT, the Ministry of Trade, Industry and Energy, the Ministry of Environment, and the Ministry of Land, Infrastructure and Transport, or members in general service of the Senior Executive Service;
2. Persons commissioned by the Minister of Trade, Industry and Energy, from among electric utility business entities, persons who have abundant knowledge and experience in the electric power industry, or persons recommended by civic groups (referring to non-profit, non-governmental organizations defined in Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act).
(3) Each council member under paragraph (2) 2 shall hold office for a term of two years and may be appointed consecutively only for another term. <Amended on Jul. 28, 2016>
(4) The term of office of a member newly commissioned to fille a vacancy due to the resignation of a committee member who is not a public official or other event shall coincide with the remaining term of office of his or her predecessor. <Newly Inserted on Jul. 28, 2016>
(5) In order to efficiently operate the Electric Policy Council, it may establish subcommittees. <Amended on Jul. 28, 2016>
[This Article Wholly Amended on Nov. 20, 2009]
 Article 28-2 (Dismissal or Removal of Members of Electric Policy Council)
(1) The person who designated a person as a council member pursuant to Article 28 (2) 1 may withdraw the designation in any of the following cases:
1. If a council member is unable to continue to perform his or her duties due to a mental or physical disability;
2. If a council member is found to have committed misconduct in connection with his or her duties;
3. If a council member is found incompetent for the office due to neglect of duty or indecent conduct or any other factor;
4. If a council member voluntarily discloses that he or she has difficulty in performing duties.
(2) If any council member commissioned pursuant to Article 28 (2) 2 falls under any subparagraph of paragraph (1), the Minister of Trade, Industry and Energy may dismiss the council member from office.
[This Article Newly Inserted on Dec. 10, 2015]
 Article 29 (Chairperson of Electric Policy Council)
(1) The chairperson of the Electric Policy Council shall be elected from among council members by the concurring vote of at least a majority of those present.
(2) The chairperson of the Electric Policy Council shall represent the Electricity Policy Council and have general supervision and control over its affairs.
[This Article Wholly Amended on Nov. 20, 2009]
 Article 30 (Meetings of Electric Policy Council)
(1) The chairperson of the Electric Policy Council shall convene and preside over meetings of the Electric Policy Council.
(2) The chairperson shall convene a meeting of the Electric Policy Council when he or she deems necessary or upon receiving a request from the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013>
(3) When the chairperson intends to convene a meeting of the Electric Policy Council, he or she shall inform each council member of the date, time, and place of the meeting and agenda items for the meeting, by not later than seven days before the date of meeting: Provided, That the foregoing shall not apply in cases of emergency or in other unavoidable circumstances.
(4) A majority of the members of the Electric Policy Council shall constitute a quorum, and any resolution thereof shall require the concurring vote of at least a majority of those present.
[This Article Wholly Amended on Nov. 20, 2009]
 Article 31 (Hearing of Opinions)
The Electric Policy Council or any of its subcommittees may have interested persons attend a meeting to hear their opinions and may request appropriate experts to present their opinions as it may deem necessary in deliberating on an agenda item or performing its functions.
[This Article Wholly Amended on Nov. 20, 2009]
 Article 32 (Allowances)
Allowances may be paid to council members and appropriate experts who attend a meeting of the Electric Policy Council or any of its subcommittees, within the budget: Provided, That the foregoing shall not apply to any council member appointed from among public officials if he or she attends a meeting in direct connection with his or her duties as a public official.
[This Article Wholly Amended on Nov. 20, 2009]
 Article 33 (Operational Rules)
Except as provided in this Decree, matters necessary for the operation, etc. of the Electric Policy Council and its subcommittees shall be determined by the chairperson, following a resolution by the Electric Policy Council.
[This Article Wholly Amended on Nov. 20, 2009]
CHAPTER VI ELECTRIC POWER INDUSTRY BASIS FUND
 Article 34 (Use of Fund)
"Important projects prescribed by Presidential Decree, related to the electric power industry" in subparagraph 11 of Article 49 of the Act means the following: <Amended on Apr. 24, 2014; May 28, 2019; Jan. 12, 2021>
1. Projects for safety management;
1-2. Projects for optimally managing and preserving natural and living environments under Article 5 of the Act;
2. Projects for the universal supply of electricity under Article 6 of the Act;
3. Projects for creating a foundation for the electric power industry and planning, management, and evaluation of projects for creating a foundation for the electric power industry;
4. Training and management of human resources specializing in the electric power industry and the convergence industry;
5. Establishment of facilities for experiment, evaluation, and testing in the electric power industry;
6. Projects for assistance in developing overseas markets for the electric power industry;
7. Projects for assistance in commercializing technologies developed in the electric power industry.
[This Article Wholly Amended on Nov. 20, 2009]
 Article 35 (Raising Fund)
"Revenues determined by Presidential Decree" in Article 50 (1) 4 of the Act means loans borrowed on the Fund's account.
[This Article Newly Inserted on Dec. 26, 2017]
 Article 36 (Standards for Imposition of Charges)
A charge under Article 51 (1) of the Act (hereinafter referred to as "charge") shall be an amount equivalent to 37/1,000 of the relevant electric rate.
[This Article Wholly Amended on Nov. 20, 2009]
 Article 37 (Surcharges)
An additional due under Article 51 (3) of the Act shall be determined according to the overdue period as follows:
1. If the overdue period (referring to the period beginning with the date immediately after the payment deadline for a charge and ending with the date immediately before the date of payment; hereafter the same shall apply in this Article) is not more than one month: The amount determined by calculating the amount equivalent to 15/1,000 of the charge on a daily basis for the number of overdue days;
2. If the overdue period is more than one month and less than two months: The sum of the additional due for the first one month (referring to the amount equivalent to 15/1,000 of the charge) and the additional due for the period exceeding one month (referring to the amount determined by calculating the amount equivalent to 10/1,000 of the charge on a daily basis for the number of overdue days);
3. If the overdue period is at least two months: The amount equivalent to 25/1,000 of the charge.
[This Article Wholly Amended on Nov. 20, 2009]
 Article 38 (Entrustment of Affairs for Operation and Management of Fund)
(1) "Corporation or organization determined by Presidential Decree" in Article 52 (2) of the Act means the following:
1. An agency with overall responsibility for planning, management, and evaluation;
2. An electric utility business entity;
3. A financial company, etc.
(2) When the Minister of Trade, Industry and Energy intends to lend loans from the Fund to the projects implemented pursuant to Article 49 of the Act, he or she shall lend the Fund to financial companies, etc. for operation. In such cases, matters necessary for lending loans, including interest on loans, shall be determined in consultation with the Minister of Economy and Finance. <Amended on Mar. 23, 2013>
(3) When the Minister of Trade, Industry and Energy entrusts part of affairs for the operation and management of the Fund pursuant to Article 52 (2) of the Act, he or she may appoint an executive officer responsible for revenue of the Fund and an executive officer responsible for encumbrances of the Fund, from among executive officers of the entrusted entity, and an employee in charge of disbursement of the Fund and an employee in charge of accounting of the Fund, from among its employees. In such cases, the executive officer responsible for revenue of the Fund shall perform duties as a fund revenue collection officer; the executive officer responsible for encumbrances of the Fund as a fund finance officer; the employee in charge of disbursement of the Fund as a fund disbursement officer; and the employee in charge of accounting of the Fund as a fund accounting officer, respectively. <Amended on Mar. 23, 2013>
(4) The terms and conditions and the procedures for granting subsidies from the Fund and detailed matters necessary for the operation and management of the Fund, including follow-up management, shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Nov. 20, 2009]
CHAPTER VII ELECTRICITY REGULATORY COMMISSION
 Article 39 (Meetings and Operation of Electricity Regulatory Commission)
(1) The chairperson of the Electricity Regulatory Commission under Article 53 of the Act shall convene and preside over meetings of the Electricity Regulatory Commission.
(2) When the chairperson of the Electricity Regulatory Commission intends to convene a meeting, he or she shall inform each council member, in writing, of the date, time, and place of the meeting and agenda items for the meeting, by not later than seven days before the date of meeting: Provided, That the foregoing shall not apply in cases of emergency or in other unavoidable circumstances.
(3) The Electricity Regulatory Commission may have interested persons, persons for reference, or appropriate experts attend a meeting to hear their opinions or may require them to submit necessary materials.
[This Article Wholly Amended on Nov. 20, 2009]
 Article 39-2 (Application for Adjudication)
(1) Any person who intends to apply for adjudication pursuant to Article 57 (1) of the Act shall file an application for adjudication with the Electricity Regulatory Commission, along with information and documents on the following matters: <Amended on Mar. 23, 2013>
1. Names and addresses of parties and their representatives or representative parties;
2. Claims in the application for adjudication and reasoning therefor;
3. Details of the relevant dispute;
4. Progress of negotiations between the parties;
5. Other documents that the Minister of Trade, Industry and Energy deems necessary, including terms and conditions of use and copies of agreements between the parties.
(2) If the content of an application filed for adjudication pursuant to paragraph (1) is insufficient or unclear, the Electricity Regulatory Commission may require the applicant to supplement the application within a reasonable period specified by the Electricity Regulatory Commission, and it may reject an application for adjudication, clearly stating the reason why it is rejected, if the party fails to supplement the application within such period.
(3) If the subject matter of an application for adjudication is ineligible for adjudication or an application for adjudication is not legitimate, the Electricity Regulatory Commission shall reject the application for adjudication and notify the party of the reason why it is rejected.
(4) Upon receiving an application for appraisal from a party, a party's representative or a representative party, the Electricity Regulatory Commission may request appraisal to an appropriate institution or expert specializing in the matter subject to appraisal if it deems necessary. In such cases, allowances, travel expense, and other necessary expenses incurred to the appraiser in appraisal and appearance in proceedings shall be borne by the person who applies for appraisal.
(5) Except as provided in paragraphs (1) through (4), matters necessary for filing an application for adjudication with the Electricity Regulatory Commission shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013>
[This Article Newly Inserted on Sep. 30, 2011]
 Article 39-3 (Exclusion, Challenge or Recusal of Members)
(1) In any of the following, a member of the Electricity Regulatory Commission shall be barred from deliberation and adjudication under Articles 56 and 57 of the Act (hereafter in this Article, referred to as "case"):
1. If the member or the current or former spouse of the member becomes a party to the relevant case or holds any right jointly with a party to the relevant case or owes any obligation jointly with a party to the relevant case;
2. If the member is a current or former relative (referring to a relative defined in Article 777 of the Civil Act) of a party to the relevant case;
3. If the member or the corporation to which the member belongs has made any statement or appraisal with respect to the relevant case;
4. If the member or the corporation to which the member belongs is, or had been, involved in the relevant case as the representative of a party to the case;
5. If the member or the corporation to which the member belongs has been involved in the act or the omission to act that constitutes the cause of the relevant case.
(2) If the Electricity Regulatory Commission finds that any of its members falls under paragraph (1), it shall determine to bar the member from deliberation and adjudication.
(3) If circumstances indicate that it would be impracticable to expect fair deliberation and adjudication by a member, any party may file a challenge against the member with the Electricity Regulatory Commission, stating reasons for filing the challenge. In such cases, the Electricity Regulatory Commission shall determine to accept the challenge if it finds that the challenge is reasonable.
(4) If a member falls under paragraph (1) or (3), he or she may voluntarily refrain from participating in the relevant case.
[This Article Newly Inserted on Sep. 30, 2011]
 Article 40 (Allowances, etc.)
Allowances may be paid to members and persons for reference who attend a meeting of the Electricity Regulatory Commission, within the budget: Provided, That the foregoing shall not apply to any member appointed from among public officials if he or she attends a meeting in direct connection with his or her duties as a public official.
[This Article Wholly Amended on Nov. 20, 2009]
 Article 41 (Operational Regulations)
Except as provided in Articles 39, 39-2, 39-3, and 40, matters necessary for the operation, etc. of the Electricity Regulatory Commission shall be determined by the Electricity Regulatory Commission. <Amended on Sep. 30, 2011>
[This Article Wholly Amended on Nov. 20, 2009]
CHAPTER VIII SAFETY MANAGEMENT OF ELECTRIC INSTALLATIONS
 Article 42 (Approval of Work Plans)
In approving a plan for works for establishing or altering electric installations pursuant to Article 61 (1) or 62 (1) of the Act, the Minister of Trade, Industry and Energy shall approve such plan only if the plan meets the technical standards under Article 67 of the Act. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Nov. 20, 2009]
 Article 42-2 (Electric Installations Subject to Pre-Use Inspections by Electric Sales Business Entities)
(1) An electric installation that an electric sales business entity is required to undertake a pre-use inspection pursuant to Article 66 (1) of the Act shall be an electric installation established in any of the following installations or facilities (including installations annexed thereto) among electric installations for general use: <Amended on Dec. 28, 2015>
1. Detached houses and multi-family housing, as defined in Article 2 (2) of the Building Act;
2. Temporary buildings to which electricity is supplied temporarily, among temporary buildings defined in Article 20 of the Building Act;
3. Neighborhood facilities defined in subparagraph 3 (a) through (c) of attached Table 1 of the Enforcement Decree of the Building Act;
4. Private rental housing defined in Article 2 of the Special Act on Private Rental Housing and public rental housing defined in subparagraph 1 (a) of Article 2 of the Special Act on Public Housing;
5. Farmland defined in subparagraph 1 of Article 2 of the Farmland Act.
(2) Even where an electric installation becomes subject to a pre-use inspection by an electric sales business entity under paragraph (1), the Korea Electrical Safety Corporation under Article 74 of the Act (hereinafter referred to as the "Safety Corporation") may undertake such pre-use inspection of the electric installation upon receiving an application from the person who is obligated to undergo the pre-use inspection.
[This Article Wholly Amended on Nov. 20, 2009]
 Article 42-3 (Electrical Safety Inspection of Facilities Used by Multitude)
(1) "Pistol shooting ranges prescribed by Presidential Decree" in Article 66-2 (1) 2-2 of the Act means pistol shooting ranges defined in Article 2 (1) and attached Table 1 of the Enforcement Decree of the Act on Safety Management of Shooting and Shooting Ranges (limited to indoor shooting ranges but including those installed in multi-purpose shooting ranges referred to in Article 2 (1) of that Enforcement Decree). <Newly Inserted on Nov. 11, 2015>
(2) "Golf driving ranges prescribed by Presidential Decree" in Article 66-2 (1) 2-3 of the Act means golf driving ranges referred to in attached Table 1 of the Enforcement Decree of the Installation and Utilization of Sports Facilities Act (limited to those provided for public use in practicing golf swings with at least one separate rooms inside and equipped with screens, projectors, and other facilities). <Newly Inserted on Nov. 11, 2015>
(3) "Business of danran bistro and a business of amusement and tavern quarters prescribed by Presidential Decree" in Article 66-2 (1) 3 of the Act means a karaoke bar business defined in subparagraph 8 (c) of Article 21 of the Enforcement Decree of the Food Sanitation Act and an entertainment bar business defined in subparagraph 8 (d) of Article 21 of said Enforcement Decree. <Amended on Nov. 11, 2015>
(4) "Facilities prescribed by Presidential Decree" in Article 66-2 (1) 6 of the Act means the following: <Amended on Nov. 11, 2015; Jan. 19, 2016; Sep. 29, 2020>
1. Places of public performance under subparagraph 4 of Article 2 of the Public Performance Act;
2. Movie theaters prescribed in subparagraph 10 of Article 2 of the Promotion of the Motion Pictures and Video Products Act;
3. Superstores, specialty stores, department stores, and shopping centers referred to in subparagraphs 1 through 4 of attached Table 1 of the Enforcement Decree of the Distribution Industry Development Act;
4. General hospitals referred to in Article 3 (3) of the Medical Service Act;
5. Facilities of hotel business, international conference business, and casino business defined in Article 3 (1) 2 (a) and (1) 4 and 5 of the Tourism Promotion Act, respectively;
6. Facilities of lodging business and public bath business defined in Article 2 (1) 2 and 3 of the Public Health Control Act;
7. Facilities of postnatal care business defined in subparagraph 10 of Article 2 of the Mother and Child Health Act;
8. Facilities of the following business:
(a) Study room business: A business of providing lodging or accommodations with facilities, etc. for studying in partitioned spaces;
(b) Phone dating room business or visual chatting room business: A business of providing facilities for chatting by telephone, television, monitor, camera, etc. in partitioned spaces;
(c) Sleeping room business: A business of providing bed (including cot), capsule-type rooms, or other ancillary facilities for resting;
(d) Daytime discotheque business: A business of providing guests with facilities, etc. for dancing, in which the sale of alcoholic beverage is prohibited;
9. Private teaching institutes defined in subparagraph 1 of Article 2 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereafter referred to as "private teaching institutes" in this Article), whose facilities fall within any of the following categories:
(a) Private teaching institutes providing accommodations;
(b) Private teaching institutes with a seating capacity of at least 300 persons (hereafter referred to as "seating capacity" in this Article), as determined in attached Table 4 of the Enforcement Decree of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems;
(c) Private teaching institutes with a total seating capacity of at least 300 persons, where at least two private teaching institutes (referring to private teaching institutes with a seating capacity of less than 300 persons) are in one building;
10. Welfare facilities for senior citizens, referred to in Article 31 of the Welfare of Senior Citizens Act: Provided, That centers for older persons defined in Article 36 (1) 2 of said Act and facilities for visiting medical treatment services and facilities for visiting bath service, defined in Article 38 (1) 1 and 4 of said Act, shall be excluded herefrom.
[This Article Wholly Amended on Nov. 20, 2009]
 Article 42-4 (Installations Subject to Emergency Measures)
(1) Emergency measures under Article 66-3 (3) of the Act shall be taken to electric installations for general use owned or occupied by any of the following persons (limited to those for residential purposes): <Amended on Dec. 29, 2010; Dec. 8, 2011; Aug. 3, 2012; Nov. 11, 2015; May 29, 2017; Dec. 31, 2018>
1. Eligible recipients or the second-lowest income bracket, as defined in subparagraph 1 or 10 of Article 2 of the National Basic Living Security Act;
2. Persons with severe disabilities, among persons with disabilities, as defined in Article 2 of the Act on Welfare of Persons with Disabilities;
3. Persons whose disability rating is classified into any of Ratings 1 through 3 under Article 6-4 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State;
4. Persons of distinguished services to national independence, falling under any subparagraph of Article 4 of the Act on the Honorable Treatment of Persons of Distinguished Service to Independence, and their bereaved families;
5. Persons of distinguished service to the May 18 Democratization Movement and their bereaved families or families, as defined in Articles 4 and 5 of the Act on the Honorable Treatment of Persons of Distinguished Service to the May 18 Democratization Movement;
6. Persons who have established and operate the following facilities:
(a) Child welfare facilities under Article 52 of the Child Welfare Act;
(b) Welfare facilities for senior citizens under Article 31 of the Welfare of Senior Citizens Act;
(c) Welfare facilities for persons with disabilities under Article 58 of the Act on Welfare of Persons with Disabilities;
(d) Single-parent family welfare facilities under Article 19 of the Single-Parent Family Support Act;
(e) Child care centers under Article 10 of the Child Care Act;
(f) Support facilities for victims of commercial sex acts, etc. under Article 5 of the Act on the Prevention of Commercial Sex Acts and Protection of Victims;
(g) Mental health rehabilitation facilities defined in subparagraph 7 of Article 3 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients;
(h) Shelters under Article 7-2 of the Act on the Prevention of Domestic Violence and Protection of Victims;
(i) Counseling centers for the victims of sexual violence and facilities for victims of sexual violence under Articles 10 and 12 of the Sexual Violence Prevention and Victims Protection Act.
(2) The scope of emergency measures implemented under Article 66-3 (3) of the Act is as follows:
1. Construction works referred to in the subparagraphs of Article 5 (1) of the Enforcement Decree of the Electrical Construction Business Act;
2. Measures taken for temporary restrictions on the use of electric power to the extent necessary to prevent electrical accidents, such as electric leakage and short circuit.
[This Article Wholly Amended on Nov. 20, 2009]
 Article 43 (Determination of Technical Standards)
The technical standards under Article 67 of the Act shall be determined to ensure that electric installations meet the following standards:
1. No electric installation shall cause a hazard or damage to humans or other objects;
2. No electric installation shall interrupt the supply of electricity due to lack of durability or malfunction of equipment;
3. No electric installation shall electrically or magnetically impede functions of another electric installation or other things;
4. No electric installation shall hinder the efficient use of energy and the development, utilization, etc. of new technologies and new processes.
[This Article Wholly Amended on Nov. 20, 2009]
 Article 44 (Activities of Damaging Underwater Wires)
"Activities prescribed by Presidential Decree" in subparagraph 4 of Article 70 of the Act means the following:
1. Fishing with a stow net, dragnet, or trawler;
2. Dredging work in a coastal or inshore area;
3. Topographic alterations for exploring the ocean floor;
4. Installation of artificial fishing banks.
[This Article Wholly Amended on Nov. 20, 2009]
 Article 44-2 (Where Relocation of Installations are Impracticable)
"Cases prescribed by Presidential Decree" in Article 72 (3) of the Act means the following:
1. Where it is impracticable to acquire a site for relocating an electric installation or to maintain the relevant electric installation in conformity with technical standards if it is relocated or any other measure is taken to the electric installation;
2. Where the suspension of power supply to the electric installation for relocating the electric installation or for other measures will severely affect the electric power system.
[This Article Wholly Amended on Nov. 20, 2009]
 Article 44-3 (Exemption of Relocation Expenses)
The standards for the exemption of relocation expenses of electric lines under the proviso to Article 72 (4) of the Act are as follows:
1. In cases of electric lines for which relocation works are implemented according to a relocation plan: Full exemption of relocation expenses;
2. In cases of electric lines that meet all the following requirements: Partial exemption of relocation expenses by 30 percent:
(a) At least 30 years have passed since electric lines were installed;
(b) Electric lines shall be installed on the land owned or occupied by the State as a result of a public works project implemented by the State pursuant to the Act on Acquisition of and Compensation for Land for Public Works Projects.
[This Article Wholly Amended on Nov. 20, 2009]
 Article 44-4 (Scope and Methods of Measures including Relocation of Installations)
(1) The scope and methods of measures under Article 72 (5) of the Act are as follows:
1. Functions of electric installations, including electric lines, shall be steadily maintained;
2. Necessary measures shall be taken to relocate, demolish, or transfer an installation, to remove any other obstacle, or to meet technical standards;
3. When any person other than an electric utility business entity intends to take a necessary measure pursuant to subparagraph 2, the person shall consult with an electric utility business entity.
(2) Costs and expenses required for measures referred to in paragraph (1) shall be determined as follows:
1. Costs and expenses required for relocating an electric installation and for other measures, including designing, survey, supervision, the establishment and demolition of an electric installation, and the acquisition of a site for relocation;
2. Incidental costs and expenses for relocation works, including cadastral survey fees, appraisal fees, and registration fees.
[This Article Newly Inserted on Sep. 30, 2011]
 Article 45 (Registration of Persons Specializing in Electrical Safety Management Duties)
(1) "Requirements prescribed by Presidential Decree, such as capital, technical manpower to be retained, etc." in Article 73 (2) 1 of the Act means the requirements prescribed in attached Table 1-7. <Amended on Jul. 28, 2016; Dec. 11, 2018>
(2) Except where an application filed for registration pursuant to Article 73-5 (1) 1 of the Act by a person specializing in electrical safety management duties in order to be entrusted with electrical safety management duties pursuant to Article 73 (2) 1 of the Act falls under either of the following, the Minister of Trade, Industry and Energy shall accept applications for registration: <Newly Inserted on Dec. 30, 2011; Mar. 23, 2013>
1. If an applicant fails to meet the requirements prescribed in paragraph (1);
2. Other cases where any restriction under the Act, this Decree, or any other statute or regulation is violated.
(3) "Requirements prescribed by Presidential Decree, such as capital, technical manpower to be retained, etc." in Article 73 (3) 2 of the Act means the requirements prescribed in attached Table 2. <Amended on Jul. 28, 2016>
(4) Except where an application filed for registration pursuant to Article 73-5 (1) 2 of the Act by a business entity specializing in safety management duties as an agent under Article 73 (3) 2 of the Act in order to act as a vicarious operator of electrical safety management duties falls under either of the following, the relevant Mayor/Do Governor shall accept applications for registration: <Newly Inserted on Dec. 30, 2011>
1. If an applicant fails to meet the requirements prescribed in paragraph (3);
2. Other cases where any restriction under the Act, this Decree, or any other statute or regulation is violated.
(5) Any person who intends to provide electrical safety management duties as an agent pursuant to Article 73 (3) 3 of the Act shall qualify as an industrial electrician or hold any higher qualification under the National Technical Qualifications Act and shall have equipment specified in attached Table 3. <Amended on Dec. 30, 2011>
[This Article Wholly Amended on Nov. 20, 2009]
[Title Amended on Dec. 30, 2011]
 Article 46 (Survey on Actual Status of Electrical Safety Management Duties)
(1) The survey on the actual status of electrical safety management duties under Article 73-8 (1) of the Act (hereinafter referred to as "actual status survey") shall be conducted once every year.
(2) The Minister of Trade, Industry and Energy may use electronic means, such as information and communications networks and electronic mail, in order to efficiently conduct actual status surveys.
[This Article Newly Inserted on Jul. 28, 2016]
 Article 47 Deleted. <Jul. 27, 2002>
 Article 48 Deleted. <Jul. 27, 2002>
 Article 49 (Operating Funds of Safety Corporation)
(1) Central administrative agencies and local governments, among disaster management agencies defined in subparagraph 5 of Article 3 of the Framework Act on the Management of Disasters and Safety, shall pay expenses of precautionary inspections for preventing disasters to the Safety Corporation.
(2) Central administrative agencies and local governments shall seek the opinion of the Safety Corporation and take the following matters into consideration in determining expenses of precautionary inspections for preventing disasters under paragraph (1), as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: <Amended on Mar. 23, 2013>
1. Entities subject to precautionary inspections for preventing disasters;
2. Details of precautionary inspections for preventing disasters;
3. Manpower and equipment required for precautionary inspections for preventing disasters;
4. A budget required for precautionary inspections for preventing disasters.
[This Article Wholly Amended on Nov. 20, 2009]
CHAPTER IX USE OF LAND
 Article 50 (Standards for Calculating Compensation for Losses)
The detailed standards for calculating compensation for losses under Article 90-2 (3) of the Act shall be as prescribed in attached Table 5.
[This Article Newly Inserted on Sep. 30, 2011]
 Article 51 (Methods of Compensation for Losses)
When an electric utility business entity compensates losses incurred by installing electric power transmission lines above or beneath others' land, the entity shall pay compensation to each person who has sustained a loss, in lump sum.
[This Article Newly Inserted on Sep. 30, 2011]
 Article 52 Deleted. <Dec. 24, 2008>
 Article 53 Deleted. <Dec. 24, 2008>
 Article 54 Deleted. <Dec. 24, 2008>
 Article 55 Deleted. <Dec. 24, 2008>
 Article 56 Deleted. <Dec. 24, 2008>
 Article 57 Deleted. <Dec. 24, 2008>
 Article 58 Deleted. <Dec. 24, 2008>
 Article 59 Deleted. <Dec. 24, 2008>
CHAPTER X SUPPLEMENTARY PROVISIONS
 Article 59-2 (Special Cases concerning Supply of Electricity by Integrated Energy Supply Business Entities)
"Integrated energy supply business entity who is equipped with generation installations with a capacity ... as prescribed by Presidential Decree" in Article 92-2 (1) of the Act means the following: <Amended on May 23, 2012>
1. A person who operates a district heating and cooling business, as defined in Article 2 (1) 1 of the Enforcement Decree of the Integrated Energy Supply Act, with an electricity generating capacity not exceeding 150,000 kilowatts;
2. A person who operates an integrated energy supply business for an industrial complex, as defined in Article 2 (1) 2 of the Enforcement Decree of the Integrated Energy Supply Act, with an electricity generating capacity not exceeding 300,000 kilowatts.
[This Article Wholly Amended on Nov. 20, 2009]
 Article 60 (Accounting Standards)
Electric utility business entities who are required to apply separate accounting practices pursuant to Article 93 (1) of the Act shall be electricity generation business entities (excluding those whose installations have a capacity not exceeding 3,000 kilowatts), electric transmission business entities, and electric distribution business entities.
[This Article Wholly Amended on Nov. 20, 2009]
 Article 61 Deleted. <Dec. 24, 2008>
 Article 61-2 (Electrical Accidents Subject to Investigation into Causes and Details)
"Electrical accidents prescribed by Presidential Decree" in Article 96-3 (3) of the Act means the following: <Amended on Mar. 23, 2013; Jul. 28, 2016>
1. Serious accidents referred to in Article 96-3 (1) of the Act;
2. Fire accidents presumed to have been caused by electricity, which can be classified into any of the following:
(a) A fire accident from which at least two persons are dead and at least three persons are injured;
(b) A fire accident from which damage to property amounts to 300 million won (based on the value estimated by the relevant police or fire authority for the fire accident);
(c) Other fire accidents designated by the Minister of Trade, Industry and Energy as he or she deems necessary to investigate the cause, details, etc. of the accidents to prevent recurrence of identical accidents, among accidents in a scale similar to those referred to in subparagraph 1 or item (a) or (b).
[This Article Wholly Amended on Nov. 20, 2009]
 Article 61-3 (Preparation and Management of Electrical Disaster Statistics)
(1) The Minister of Trade, Industry and Energy may prepare and manage the electrical disaster statistics under Article 96-4 of the Act (hereinafter referred to as "electrical disaster statistics") on a yearly basis.
(2) The items to be included in the electrical disaster statistics are as follows:
1. The status of electrical fires;
2. The status of electrocution;
3. Other matters that the Minister of Trade, Industry and Energy deems necessary for establishing and implementing policies on electrical disasters and safety management.
[This Article Newly Inserted on Jul. 28, 2016]
 Article 61-4 (Display of Charging Fees)
(1) In displaying charging fees pursuant to Article 96-5 (1) of the Act, an electric vehicle charging business entity shall display charging fees in such a manner that consumers can easily find information thereabout by placing signs or by posting such fees on its website or an application used on mobile terminal devices or by other means.
(2) Notwithstanding Articles 12 (8) and 16 (1) of the Enforcement Decree of the Act on the Management of Outdoor Advertisements and Promotion of Outdoor Advertisement Industry, an electric vehicle charging business entity may additionally place signs under paragraph (1) or may separately display or use diagrams related to the display of charging fees.
[This Article Newly Inserted on Dec. 11, 2018]
 Article 62 (Delegation and Entrustment of Authority)
(1) The Minister of Environment shall delegate the following authority to the heads of watershed environmental management offices or the heads of regional environmental management offices (hereinafter referred to as the "head of a regional environmental management agency") pursuant to Article 98 (1) of the Act: <Amended on Mar. 23, 2013; Sep. 29, 2020; Jan. 5, 2021>
1. Authority for the following services with regard to electricity generation business whose electricity generation plant has a capacity not exceeding 3,000 kilowatts:
(a) Issuing licenses for electric utility business under Article 7 (1) of the Act;
(b) Receipt of reports on the designation or extension of the period for preparation or on the commencement of business under Article 9 of the Act;
(c) Approval, public announcement, etc. of the acquisition of the electric utility business or a division or merger of a corporation which is an electric utility business entity under Article 10 of the Act;
(d) Revocation of a business license, suspension of a business, reduction of a business zone, or imposition, collection, etc. of a surcharge under Article 12 of the Act;
(e) Hearings under Article 13 of the Act;
(f) An order to suspend business under Article 31-2 (2) of the Act and a decision on postponement of an order to suspend business under paragraph (3) of the same Article;
2. The following authority on distribution lines of power generation facilities with an installed capacity of less than 10,000 kilowatts, power transmission and substation facilities with a voltage of less than 200,000 volts, or utility tunnels with a voltage of 10,000 volts or more (referring to underground installation facilities that jointly accommodate underground facilities such as electricity, gas, and water supply facilities, communication facilities, and sewage facilities) and electricity tunnels (referring to underground facilities for installing electricity-related facilities):
(a) Receipt of reports on a work plan or a modification of a work plan under Article 61 (3) of the Act;
(b) Issuance of orders to meet technical standards under Article 71 of the Act;
3. Receipt of reports on the work under Article 61 (4) of the Act for an electric installation with a capacity less than 10,000 kilowatts;
4. Receipt of reports on the work for establishing or altering an electric installation for private use under Article 62 (4) of the Act (excluding where the authority has been delegated to the Administrator of each Free Trade Zone Office pursuant to paragraph (2) 1);
5. Imposition and collection of administrative fines related to matters for which the authority has been delegated to a Mayor/Do Governor pursuant to subparagraph 1 (b), among administrative fines that may be imposed and collected under Article 108 (2) 1 of the Act.
(2) Pursuant to Article 98 (1) of the Act, the Minister of Trade, Industry and Energy shall delegate his or her authority for the following affairs with regard to electric installations for private use in each free trade zone, as defined in subparagraph 1 of Article 2 of the Act on Designation and Management of Free Trade Zones, to the Administrator of each Free Trade Zone Office: <Amended on Mar. 23, 2013>
1. Receipt of reports on the work for establishing or altering an electric installation for private use under Article 62 (4) of the Act;
2. Issuance of orders to meet technical standards under Article 71 of the Act with regard to electric installations or telecommunications line installations (excluding the works specified by Ordinance of the Ministry of Trade, Industry and Energy under Article 62 (1) of the Act).
(3) Pursuant to Article 98 (2) of the Act, the Minister of Trade, Industry and Energy or each Mayor/Do Governor shall entrust the following duties to the Safety Corporation: <Amended on Mar. 23, 2013>
1. Receipt of reports on a work plan or a modification of a work plan for an electric installation for private use under Article 62 (2) of the Act;
2. Inspection of electric installations under Article 63 of the Act.
3. Permitting temporary use of an electric installation under Article 64 of the Act;
4. Inspection of electric installations under Article 65 of the Act.
(4) Pursuant to Article 98 (3) of the Act, the Minister of Trade, Industry and Energy or each Mayor/Do Governor shall entrust the following duties to the organizations designated and publicly notified by the Minister of Trade, Industry and Energy, among associations of electrical engineers under Article 18 (1) of the Electric Technology Management Act which meet the requirements prescribed by Ordinance of the Ministry of Trade, Industry and Energy: <Amended on Mar. 23, 2013; Mar. 2, 2017>
1. Safety management education under Article 73-4 (1) of the Act;
2. Modified registration with regard to persons specializing in electrical safety management duties and vicarious operators of electrical safety management duties under Article 73-5 (2) of the Act (applicable only where a modification concerns technical manpower).
(5) Pursuant to Article 98 (4) of the Act, the Minister of Trade, Industry and Energy shall entrust duties related to survey and research on technical standards under Article 67 of the Act and review of amendments to the technical standards to corporations or organizations designated and publicly notified by the Minister of Trade, Industry and Energy, among corporations or organizations related to safety management of electric installations and deemed capable of performing such duties. <Amended on Mar. 23, 2013>
(6) Pursuant to Article 98 (5) of the Act, the Minister of Trade, Industry and Energy shall entrust the following duties to the institution or organization specified in each subparagraph: <Newly Inserted on Dec. 11, 2018>
1. Acceptance of the registration of new electric utility business and modifications in such registration under Article 7-2 (1) and (4) of the Act: The Smart Grid Association under Article 20 of the Smart Grid Construction and Utilization Promotion Act;
2. Receipt of reports on terms and conditions under Article 16-2 (1) of the Act and on modifications in such terms and conditions: Korea Power Exchange.
[This Article Wholly Amended on Nov. 20, 2009]
 Article 62-2 (Re-Examination of Regulation)
The Minister of Trade, Industry and Energy shall examine the appropriateness of the following matters every three years, counting from each applicable reference date specified in the following (referring to the period that ends on the day before the third anniversary of the reference date) and shall take measures, such as making improvements: <Amended on Nov. 19, 2014; Mar. 2, 2021>
1. Deleted; <Mar. 2, 2021>
2. Deleted; <Mar. 3, 2020>
3. Standards for the ratio of the amount of electricity traded by a demand management service provider who belongs to a business group under Article 19 (7): January 1, 2015;
4. Deleted; <Mar. 3, 2020>
5. Standards for electricity generation business entities and electricity purchasers who shall enter into an agreement on compensation for a difference under Article 20-2: January 1, 2015;
6. Deleted; <Mar. 2, 2021>
7. Deleted; <Mar. 2, 2021>
[This Article Newly Inserted on Dec. 30, 2013]
 Article 62-3 (Management of Personally Identifiable Information)
(1) If the Minister of Trade, Industry and Energy (including persons to whom the authority of the Minister of Trade, Industry and Energy is delegated pursuant to Article 98 (1) of the Act) deems essential to execute the following administrative work, he or she may process data containing a resident registration number or an alien registration number referred to in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act:
1. Administrative work for issuing an electric utility license or a modified license therefor under Article 7 (1) of the Act;
2. Administrative work for ascertaining the ground for disqualifying an applicant for an electric utility license under Article 8 of the Act;
3. Administrative work for approving the acquisition of an electric utility business or a division or merger of a corporation which is an electric utility business entity under Article 10 of the Act;
4. Administrative work for succession to business under Article 11 (1) of the Act;
5. Administrative work for imposing and collecting surcharges under Article 12 (4) and (6) of the Act;
6. Administrative work for imposing and collecting administrative fines under Article 108 of the Act.
(2) If essential for performing administrative work for imposing and collecting costs, expenses, etc. to be borne by users of electric installations for transmission and distribution of electric power in proportion to usage charges, as approved under Article 15 of the Act, an electric transmission business entity or an electric distribution business entity may process data containing a resident registration number or an alien registration number referred to in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act.
(3) If essential for performing administrative work for supplying electricity under terms and conditions under Article 16 of the Act and imposing and collecting electric rates, an electric sales business entity may process data containing a resident registration number or an alien registration number referred to in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act.
(4) If essential for performing administrative work for safety inspections under Article 66-2 (1) of the Act, the Safety Corporation may process data containing a resident registration number or an alien registration number referred to in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act.
(5) If essential for performing the following administrative work, an electric utility business entity may process data containing a resident registration number or an alien registration number referred to in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act:
1. Administrative work for imposing costs and expenses incurred in relocating an installation under Article 72 of the Act;
2. Administrative work for imposing costs and expenses incurred in relocating aerial electric lines into underground space under Article 72-2 of the Act;
3. Administrative work for the use of or entry to the land, etc. under Articles 87 through 89 of the Act.
(6) If essential for performing administrative work for reports on appointment or dismissal of an electrical safety supervisor under Article 73-2 (1) of the Act, the organizations designated and publicly notified by the Minister of Trade, Industry and Energy, among associations of electrical engineers under Article 18 (1) of the Electric Technology Management Act, may process data containing a resident registration number or an alien registration number referred to in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act.
[This Article Newly Inserted on Mar. 2, 2017]
CHAPTER XI PENALTY PROVISIONS
 Article 63 (Guidelines for Imposition of Administrative Fines)
(1) The guidelines for the imposition of administrative fines under Article 108 (1) and (2) of the Act shall be as prescribed in attached Table 4.
(2) The Minister of Trade, Industry and Energy, a Mayor/Do Governor, or the head of a Si/Gun/Gu may increase or reduce the amount of an administrative fine by not more than 1/2 of the amount prescribed in attached Table 4 for the administrative fine, taking into consideration the degree, frequency, motive, consequence, etc. of the relevant violation. Even the amount so increased shall not exceed the maximum amount of an administrative fine under Article 108 (1) and (2) of the Act. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Nov. 20, 2009]
ADDENDA <Presidential Decree No. 17137, Feb. 24, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Time to Permit Direct Purchase of Electricity)
"Date determined by Presidential Decree" in the proviso to Article 1 of the Addenda to the Act means January 1, 2003.
Article 3 (Restrictions on Licensing for Electric Sales Business)
"Date determined by Presidential Decree" in Article 3 of the Addenda to the Act means the third anniversary of the enforcement date of this Decree.
Article 4 (Special Cases concerning Application of Permissible Amount of Electricity Traded by Persons Who Installed Electric Installations for Private Use)
For the purpose of the amended provisions of Article 19 (2), the annual gross production for 2001 shall be determined based on the amount produced during the period beginning with the enforcement date of this Decree and ending with December 31, 2001.
Article 5 (Special Cases concerning Standards for Imposition of Charges)
For the purpose of the amended provisions of Article 36, the standards for imposing charges for 2001 shall be the amount determined and publicly notified by the Minister of Trade, Industry and Energy within the range between 30/1,000 and 65/1,000 of electric rates, notwithstanding the provisions of said Article.
Article 6 Omitted.
Article 7 (Relationship to Other Statutes)
A citation of any previous provision of the Enforcement Decree of the Electric Utility Act by other Presidential Decrees in force as at the time this Decree enters into force shall be deemed a citation of the relevant provision of this Decree in lieu of such previous provision, if such corresponding provision exists here.
ADDENDUM <Presidential Decree No. 17454, Dec. 31, 2001>
This Decree shall enter into force on January 1, 2002.
ADDENDA <Presidential Decree No. 17686, Jul. 27, 2002>
(1) (Enforcement Date) This Decree shall enter into force on July 27, 2002.
(2) (Transitional Measures concerning the Act on Acquisition of and Compensation for Land for Public Works Projects) The provisions concerning the Act on Acquisition of and Compensation for Land for Public Works Projects, among the amended provisions of subparagraph 2 of Article 44-3, shall be deemed the Land Expropriation Act until December 31, 2002.
(3) Omitted.
ADDENDA <Presidential Decree No. 17824, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2003..(Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 18267, Jan. 29, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 31, 2004.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 18458, Jun. 29, 2004>
(1) (Enforcement Date) This Decree shall enter into force on July 1, 2004.
(2) (Applicability to Lodging Business and Public Bath Business) The amended provisions of Article 42-3 (2) 6 shall begin to apply to persons who file a report on lodging business or public bath business or a modification in such report after this Decree enters into force.
(3) (Applicability to Korean Dry Sauna Business) The amended provisions of Article 42-3 (2) 7 shall begin to apply to persons who already operate the relevant business as at the time this Decree enters into force and alter the interior structure of the business establishment after this Decree enters into force and to persons who commence the relevant business after this Decree enters into force.
(4) Omitted.
ADDENDA <Presidential Decree No. 19023, Aug. 31, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 19024, Aug. 31, 2005>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 42-2 shall enter into force on January 1, 2006, and the amended provisions of Article 42-3 (2) 7 (a) shall enter into force on October 1, 2005.
(2) (Applicability) The amended provisions of Article 42-2 shall begin to apply to applications filed for a pre-use inspection on or after January 1, 2006.
ADDENDA <Presidential Decree No. 19064, Sep. 30, 2005>
(1) (Enforcement Date) This Decree shall enter into force on October 1, 2005.
(2) (Applicability) The amended provisions of Article 37 shall begin to apply to additional dues to be charged in addition to charges for October 2005.
ADDENDA <Presidential Decree No. 19188, Dec. 27, 2005>
(1) (Enforcement Date) This Decree shall enter into force on December 28, 2005.
(2) (Applicability) This Decree shall begin to apply to charges to be imposed for electric rates on or after December 28, 2005.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 19714, Oct. 26, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 29, 2006.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 19963, Mar. 27, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on April. 5, 2007.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 20090, Jun. 15, 2007>
This Decree shall enter into force on July 4, 2007.
ADDENDA <Presidential Decree No. 20331, Oct. 23, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 28, 2007. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 20678, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 21181, Dec. 24, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2009.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21676, Aug. 6, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 7, 2009. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21833, Nov. 20, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 22, 2009.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22568, Dec. 29, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2011.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 23188, Sep. 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 1, 2011.
Article 2 (Applicability to Application for Adjudication)
The amended provisions of Article 39-2 shall begin to apply to applications filed for adjudication after this Decree enters into force.
Article 3 (Applicability to Disqualification of Members)
The amended provisions of Article 39-3 shall begin to apply to deliberations or adjudications which proceed after this Decree enters into force.
ADDENDA <Presidential Decree No. 23248, Oct. 25, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 26, 2011.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 23356, Dec. 8, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on December. 8, 2011. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 23458, Dec. 30, 2011>
This Decree shall enter into on the date of its promulgation.
ADDENDUM <Presidential Decree No. 23816, May. 23, 2012>
This Decree shall enter into on the date of its promulgation.
ADDENDA <Presidential Decree No. 24018, Aug. 3, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 5, 2012.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 24442, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25323, Apr. 24, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25393, Jun. 25, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on June. 29, 2014.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 25736, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 21, 2014.
Article 2 (Special Cases concerning Submission and Approval of Applications for Approval)
(1) Notwithstanding the amended main sentence of Article 20-4 (2), any person who intends to obtain approval of an agreement on compensation for a difference, which becomes effective during the period beginning with the enforcement date of this Decree and ending with February 20, 2015, shall file an application for approval with the Minister of Trade, Industry and Energy within 10 days of the date the agreement on compensation for a difference becomes effective.
(2) Notwithstanding the amended provisions of Article 20-4 (4), upon receiving an application under paragraph (1), the Minister of Trade, Industry and Energy shall determine whether to approve the agreement on compensation for a difference within 30 days of the date the agreement becomes effective.
ADDENDUM <Presidential Decree No. 26054, Jan. 15, 2015>
This Decree shall enter into force on January 16, 2015.
ADDENDA <Presidential Decree No. 26439, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 29, 2015.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 26489, Aug. 18, 2015>
This Decree shall enter into force on August 19, 2015.
ADDENDA <Presidential Decree No. 26630, Nov. 11, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 42-3 (1) and (2) shall enter into force on November 19, 2015.
Article 2 (Transitional Measures concerning Requirements for Vicarious Operators of Electrical Safety Management Duties)
Any person who was registered as a vicarious operator of electrical safety management duties before this Decree enters into force but who fails to meet the requirements prescribed in the amended provisions of attached Table 2 shall meet the requirements prescribed in the same provisions until March 31, 2016.
Article 3 (Transitional Measures concerning Equipment with Which Vicarious Operators of Electrical Safety Management Duties Are Required to Be Equipped)
Any person who filed a report in order to act as an agent for electrical safety management duties before this Decree enters into force but who fails to be equipped with the equipment required under the amended provisions of attached Table 3 shall be equipped with the equipment required under the same provisions until March 31, 2016.
ADDENDUM <Presidential Decree No. 26703, Dec. 10, 2015>
This Decree shall enter into on the date of its promulgation.
ADDENDA <Presidential Decree No. 26763, Dec. 28, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on December. 29, 2015.
Articles 2 through 10 Omitted.
ADDENDA <Presidential Decree No. 26916, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 21, 2016. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 27404, Jul. 28, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation.
Article 2 (Applicability to Criteria for Licensing Electricity Generation Business)
The amended provisions of Article 4 (2) 3 and 4 shall begin to apply to applications filed for a license for electricity generation business after this Decree enters into force.
Article 3 (Applicability to Terms of Office of Members)
The amended provisions of Article 28 (4) shall also apply to the members commissioned before this Decree enters into force.
Article 4 (Transitional Measures concerning Consecutive Appointment of Members)
In applying the amended provisions of Article 28 (3) to the persons commissioned as members of the Electric Policy Council before this Decree enters into force, the members commissioned before this Decree enters into force and still holding office for the first term of office may be reappointed consecutively only once after the term of office expires, while the members reappointed consecutively for one or more terms of office before this Decree enters into force and still holding office for the current term of office shall not be reappointed after the term of office expires.
ADDENDUM <Presidential Decree No. 27927, Mar. 2, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28074, May. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 30, 2017.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 28212, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 28493, Dec. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation.
Article 2 (Applicability to Contribution of Royalties to Fund)
The amended provisions of the latter part of Article 25 (4) shall also apply to royalties that the agency with overall responsibility for planning, management, and evaluation received but did not contribute before this Decree enters into force.
ADDENDUM <Presidential Decree No. 29344, Dec. 11, 2018>
This Decree shall enter into force on December. 13, 2018.
ADDENDA <Presidential Decree No. 29450, Dec. 31, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2019.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 29792, May. 28, 2019>
This Decree shall enter into on the date of its promulgation.
ADDENDUM <Presidential Decree No. 30509, Mar. 3, 2020>
This Decree shall enter into on the date of its promulgation.
ADDENDUM <Presidential Decree No. 31066, Sep. 29, 2020>
This Decree shall enter into force on October 1, 2020.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 31386, Jan. 12, 2021>
This Decree shall enter into on the date of its promulgation.
ADDENDUM <Presidential Decree No. 31516, Mar. 2, 2021>
This Decree shall enter into on the date of its promulgation.