CHAPTER I GENERAL PROVISIONS
| Article 2 (Scope of Hydrogen-Specialized Enterprises) |
| 1. | In the case of an enterprise whose total sales are at least 100 billion won, at least 10/100; |
| 2. | In the case of an enterprise whose total sales are at least 30 billion won but less than 100 billion won, at least 20/100; |
| 3. | In the case of an enterprise whose total sales are at least 10 billion won but less than 30 billion won, at least 30/100; |
| 4. | In the case of an enterprise whose total sales are at least two billion won but less than 10 billion won, at least 40/100; |
| 5. | In the case of an enterprise whose total sales are at least one billion won but less than two billion won, at least 50/100. |
| (2) | "Enterprise ... meets the standards prescribed by Presidential Decree" in subparagraph 3 (b) of Article 2 of the Act means an enterprise whose share of investments in research and development, etc. related to hydrogen business relative to its total sales satisfies the following relevant standard: |
| 1. | In the case of an enterprise whose total sales are at least 100 billion won, at least 3/100; |
| 2. | In the case of an enterprise whose total sales are at least 30 billion won but less than 100 billion won, at least 5/100; |
| 3. | In the case of an enterprise whose total sales are at least 10 billion won but less than 30 billion won, at least 7/100; |
| 4. | In the case of an enterprise whose total sales are at least five billion won but less than 10 billion won, at least 10/100; |
| 5. | In the case of an enterprise whose total sales are at least two billion won but less than five billion won, at least 15/100. |
| (3) | The amount of an investment in research and development, etc. related to hydrogen business prescribed in paragraph (2) shall be the aggregate of the following expenses: |
| 2. | Expenses equivalent to those referred to in subparagraph 1 and publicly notified by the Minister of Trade, Industry and Energy as deemed necessary. |
| Article 2-2 (Standards for Low-Carbon Hydrogen and Low-Carbon Hydrogen Compounds) |
| (1) | "Level prescribed by Presidential Decree" in subparagraph 7-2 (b) of Article 2 of the Act means the amount of greenhouse gases defined in subparagraph 5 of Article 2 of the Framework Act on Carbon Neutrality and Green Growth for Climate Crisis Countermeasures (hereinafter referred to as "greenhouse gases") directly or indirectly emitted not only from extracting raw materials, but also from producing and importing hydrogen (including domestic and international transport processes), which is publicly notified by the Minister of Trade, Industry and Energy in consultation with the heads of the relevant central administrative agencies. |
| (1) | "Level prescribed by Presidential Decree" in subparagraph 7-2 (c) of Article 2 of the Act means the amount of greenhouse gases directly or indirectly emitted not only from extracting raw materials, but also from producing and importing hydrogen compounds (including domestic and international transport processes), which is publicly notified by the Minister of Trade, Industry and Energy in consultation with the heads of the relevant central administrative agencies. |
[This Article Added on Nov. 21, 2023]
CHAPTER II SYSTEM FOR FACILITATING IMPLEMENTATION OF HYDROGEN ECONOMY
| Article 3 (Consultation for Formulation of Master Plans) |
| (1) | Upon receipt of a request for consultation from the Minister of Trade, Industry and Energy under Article 5 (3) of the Act, the head of the relevant central administrative agency shall give his or her opinion within 20 days from the date of receipt of the request. |
| (2) | Where the head of the relevant central administrative agency upon receipt of a request for consultation under Article 5 (3) of the Act finds it impracticable to give his or her opinion within the period prescribed in paragraph (1) due to any unavoidable reason, he or she shall notify the Minister of Trade, Industry and Energy of such fact within the period specified in paragraph (1), stating the reasons therefor and the deadline for giving opinions, and shall give his or her opinions by such deadline. |
| Article 4 (Formulation and Execution of Master Plans) |
| (1) | "When modifying minor matters prescribed by Presidential Decree" in the proviso of Article 5 (3) of the Act means the following: |
| 1. | Where the total project cost specified in a master plan for implementing the hydrogen economy formulated under Article 5 (1) of the Act (hereinafter referred to as "master plan") is changed by up to 20/100 of the cost; |
| 2. | Where the total project period specified in a master plan is changed by up to one year; |
| 3. | Where a minor matter in a master plan is modified under other statutes or regulations or according to the modification of a plan under such other statutes or regulations, without affecting the basic direction-setting of the master plan; |
| 4. | Where the method of implementing a project is changed insofar as the basic direction-setting of the policy stipulated in a master plan is not modified; |
| 5. | Where a correction is made to a minor mistake, a misspelling, an omission, or an apparent error. |
| (2) | Where a master plan is formulated or modified, the Minister of Trade, Industry and Energy shall publicly announce the details thereof on the website. |
| Article 5 (Procedures for Reviewing and Evaluating Results of Implementation) |
| (1) | The Minister of Trade, Industry and Energy shall submit the results of implementing a master plan and a self-evaluation report on the plan to the Hydrogen Economy Committee established under Article 6 of the Act (hereinafter referred to as the "Committee") no later than March 31 of the year following the year in which the master plan ends. |
| (2) | The Committee shall review and evaluate the results of implementing a master plan submitted pursuant to paragraph (1) and shall notify the Minister of Trade, Industry and Energy of the outcomes of such review and evaluation no later than May 31 of the year following the year in which the master plan ends. |
| (3) | The Minister of Trade, Industry and Energy shall formulate a plan necessary to improve the outcomes of a review and an evaluation conducted under paragraph (2) and submit the plan to the Committee within 30 days from the date of notification of such outcomes. |
| (4) | Where necessary to review and evaluate the results of implementing a master plan, the Committee may seek advice from experts or request them to conduct a survey or research. In such cases, the relevant expert may be paid allowances, travel expenses, and other necessary expenses within the budget. |
| Article 6 (Composition of Committee) |
| (1) | "Heads of relevant central administrative agencies prescribed by Presidential Decree" in Article 6 (2) 1 of the Act means the Minister of Economy and Finance, the Minister of Science and ICT, the Minister of the Interior and Safety, the Minister of Trade, Industry and Energy, the Minister of Environment, the Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, and the Minister of SMEs and Startups. |
| (2) | A member specified in Article 6 (2) 2 of the Act (hereinafter referred to as "commissioned member") shall hold office for a term of two years. |
| (3) | A commissioned member may perform his or her duties even where the term of office prescribed in paragraph (2) expires, until his or her successor is commissioned. |
| Article 7 (Exclusion of, Challenge to, or Recusal of, Members) |
| (1) | A member of the Committee (hereinafter referred to as "member") who falls under any of the following shall be excluded from deliberation and decision-making: |
| 1. | Where the member or the former or current spouse of the member is a party to the relevant agenda item (if a party is a corporation, an organization, etc., including its executive officers; hereafter in this subparagraph and subparagraph 2 the same shall apply) or is a joint right holder or joint obligor with a party to the agenda item; |
| 3. | Where the member has testified, made a statement, provided advice, conducted research, rendered service, or given an appraisal in connection with the relevant agenda item; |
| 4. | Where the member or a corporation, an organization, etc. to which the member belongs is or was an agent of a party to the relevant agenda item; |
| 5. | Where the member has worked as an executive officer or employee of a corporation, an organization, etc., which is a party to the relevant agenda item, for the recent three years. |
| (2) | Where a member is excluded on any ground specified in the subparagraphs of paragraph (1) or the circumstances indicate that it would be impracticable for him or her to render fair deliberations or decisions, a party to the relevant agenda item may file a request for a challenge to the member with the Committee, which shall decide whether or not to accept such challenge by resolution. In such cases, the member to whom the request for a challenge is filed shall not participate in the resolution. |
| (3) | Where a member is excluded on any ground prescribed in the subparagraphs of paragraph (1), such member shall recuse himself or herself from deliberation and decision-making on the relevant agenda item. |
| Article 8 (Dismissal of Members) |
The chairperson may dismiss a commissioned member in any of the following cases:
| 1. | Where the member becomes unable to perform his or her duties due to a mental or physical disability; |
| 2. | Where the member is deemed unsuitable as a member due to neglect of duty, injury to dignity, or any other reason; |
| 3. | Where the member is prosecuted for a criminal case in relation to his or her duties; |
| 4. | Where the member fails to recuse himself or herself although he or she falls under any of the subparagraphs of Article 7 (1); |
| 5. | Where the member voluntarily admits that it is impracticable for him or her to perform his or her duties. |
| Article 9 (Duties of Chairperson) |
| (1) | The chairperson shall represent the Committee and exercise general supervision over its affairs. |
| (2) | Where the chairperson is unable to perform his or her duties due to any unavoidable reason, a member designated in advance by the chairperson shall act on his or her behalf. |
| Article 10 (Operation of Committee) |
| (1) | The chairperson shall convene and preside over meetings of the Committee. |
| (2) | Where the chairperson intends to convene a meeting of the Committee, he or she shall notify, in writing or electronic document, the date, time, venue, and agenda items of the meeting to each member, no later than seven days before the meeting is held: Provided, That where any urgent situation or unavoidable reason exists, such notification may be given verbally or otherwise no later than the day immediately preceding the date the meeting is held. |
| (3) | A majority of the members of the Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present. |
| (4) | Where deemed necessary to deliberate on agenda items, the Committee may require the heads of the relevant central administrative agencies who are not members of the Committee or public officials equivalent thereto and experts in the relevant field to attend its meetings and hear their opinions. |
| Article 11 (Composition and Operation of Working Committee) |
| (1) | A working committee established under the Committee pursuant to Article 6 (4) of the Act (hereinafter referred to as "working committee") shall examine the following: |
| 1. | Prior examination of an agenda item referred to the Committee, and specialized surveys, analyses, and research thereof; |
| 2. | Matters related to follow-up management and subsequent measures, including the inspection of the implementation of matters deliberated and decided by the Committee; |
| 3. | Matters that the Committee delegates to the working committee following its resolution. |
| (2) | The following persons shall be members of the working committee: |
| 1. | A person appointed by the head of the relevant central administrative agency from among high-ranking public officials of the Ministry of Economy and Finance, the Ministry of Science and ICT, the Ministry of the Interior and Safety, the Ministry of Trade, Industry and Energy, the Ministry of Environment, the Ministry of Land, Infrastructure and Transport, the Ministry of Oceans and Fisheries, and the Ministry of SMEs and Startups; |
| 2. | A person commissioned by the chairperson of the working committee (hereinafter referred to as "chairperson of the working committee") from among persons with extensive knowledge of and experience in hydrogen economy promotion, hydrogen safety management, etc. |
| (3) | Except as provided in paragraphs (1) and (2), Articles 6 (2) and (3), 7 through 9, and 10 (excluding paragraph (4)) shall apply mutatis mutandis to the composition, operation, etc. of the working committee. In such cases, "chairperson" shall be construed as "chairperson of the working committee," and "Committee" as "working committee". |
| Article 12 (Composition and Operation of Working-Level Hydrogen Economy Promotion Group) |
| (1) | A working-level hydrogen economy promotion group under Article 6 (6) of the Act (hereinafter referred to as "promotion group") shall perform the following affairs: |
| 1. | Supporting the operation of the Committee; |
| 2. | Formulating and planning policies and systems regarding hydrogen economy promotion and hydrogen safety management; |
| 3. | Managing legislation and accounting; |
| 4. | Other affairs determined by the Minister of Trade, Industry and Energy. |
| (2) | The promotion group shall have one head, who shall be appointed by the Minister of Trade, Industry and Energy from among members in general service of the Senior Executive Service of the Ministry of Trade, Industry and Energy. |
| (3) | The head of the promotion group shall exercise general supervision over its affairs under the order of the Minister of Trade, Industry and Energy. |
| (4) | Where necessary to perform the affairs of the promotion group, the Minister of Trade, Industry and Energy may employ an expert in fields related to the hydrogen economy as a public official in a fixed term position, within the budget. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the composition, operation, etc. of the promotion group shall be determined by the Minister of Trade, Industry and Energy. |
Allowances, travel expenses, or other necessary expenses may be paid to members, relevant public officials or experts, or other persons who attend meetings of the Committee or working committee, within the budget: Provided, That no allowance shall be paid to public officials who attend meetings in direct connection with affairs under their jurisdiction.
| Article 14 (Requests for Cooperation from Relevant Institutions) |
| (1) | Where necessary to perform affairs, the Committee and the working committee may hear the opinions of relevant experts with specialized knowledge and experience, or request relevant administrative agencies, public organizations, or other institutions, organizations, etc. to provide cooperation, such as submission of data or presentation of opinions. |
| (2) | Where necessary to perform affairs, the Committee and the working committee may seek advice from relevant experts, institutions, organizations, etc., or request them to conduct a survey or research. |
| (3) | Where necessary to perform affairs, the Committee and the working committee may collect public opinions by conducting surveys, holding public hearings or seminars, or using other means. |
| Article 15 (Detailed Guidelines for Operation) |
Except as provided in Articles 6 through 14, matters necessary to operate the Committee and the working committee shall be determined by the chairperson following resolution by the Committee.
| Article 16 (Public Institutions Supporting Implementation of Hydrogen Economy) |
"Institutions ... prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 7 (2) of the Act means the following: <Amended on Aug. 31, 2021> | 3. | The Korea Mine Rehabilitation and Mineral Resources Corporation under the Korea Mine Rehabilitation and Mineral Resources Corporation Act; |
| 6. | Institutions designated by the Minister of Trade, Industry and Energy from among institutions partially funded by the Government. |
CHAPTER III FOSTERING OF HYDROGEN-SPECIALIZED ENTERPRISES
| Article 17 (Support for Hydrogen-Specialized Enterprises) |
"Matters prescribed by Presidential Decree" in Article 9 (1) 5 of the Act means the following: | 1. | Supporting demonstration tests on and performance verification of developed technologies; |
| 2. | Supporting the attraction of foreign investment and international technological cooperation; |
| 3. | Dispatching and recommending experts by field, such as technology, personnel, finance, and business management; |
| 4. | Supporting applications for intellectual property rights, such as domestic or foreign patents on excellent technology; |
| 5. | Providing information for technological innovation, such as patents and technology trends; |
| 6. | Supporting overseas expansion, such as assistance in participation in international exhibitions; |
| 7. | Other matters necessary to facilitate the growth of hydrogen-specialized enterprises. |
| Article 18 (Procedures for Supporting Hydrogen-Specialized Enterprises) |
| (1) | The Minister of Trade, Industry and Energy may request the head of the relevant central administrative agency to inform the details of support that can be provided in relation to the matters prescribed in the subparagraphs of Article 9 (1) of the Act. |
| (2) | Upon receipt of a request under paragraph (1), the head of the relevant central administrative agency shall submit the details of a support program under his or her jurisdiction to the Minister of Trade, Industry and Energy. |
| (3) | The Minister of Trade, Industry and Energy may notify hydrogen-specialized enterprises of the details of a support program submitted under paragraph (2). |
| (4) | Upon receipt of notification under paragraph (3), a hydrogen-specialized enterprise may file an application for support with the head of the competent central administrative agency, if necessary. |
| (5) | Upon receipt of an application under paragraph (4), the head of a central administrative agency shall, without delay, examine the details of such application, determine whether to provide support, and notify the relevant applicant of the results thereof. |
| Article 19 (Procedures for Providing Subsidies and Loans) |
| (1) | A hydrogen-specialized enterprise that intends to receive a subsidy or loan pursuant to Article 10 (1) of the Act shall submit a hydrogen business plan including the following, to the head of the relevant central administrative agency: |
| 1. | The outline and features of hydrogen business; |
| 2. | Systems and strategies for pursuing hydrogen business; |
| 3. | Annual action plans for hydrogen business; |
| 4. | Plans to utilize hydrogen business and expected effects thereof; |
| 5. | Other matters regarding hydrogen business, which are determined and publicly notified by the head of the relevant central administrative agency. |
| (2) | Where the head of the relevant central administrative agency evaluates a hydrogen business plan submitted pursuant to paragraph (1) and deems that the details of such plan are appropriate for hydrogen business and can facilitate the implementation of the hydrogen economy effectively and efficiently, he or she may provide a subsidy or loan to cover expenses incurred in such business. |
| (3) | "Expenses prescribed by Presidential Decree" in Article 10 (1) 3 of the Act means the following: |
| 1. | Expenses incurred in commercializing developed technologies; |
| 2. | Expenses incurred in securing domestic and overseas markets; |
| 3. | Expenses incurred in filing applications for intellectual property rights. |
| (4) | Specific items, percentage of subsidies or loans, etc. provided under Article 10 (1) of the Act shall be determined by the head of the relevant central administrative agency following consultation with the Minister of Economy and Finance. |
| (5) | Where the head of the relevant central administrative agency intends to provide subsidies or loans pursuant to Article 10 (1) of the Act, he or she shall, in advance, make a public announcement of a plan to execute such subsidies or loans and the criteria for paying them on the website. |
| Article 20 (Verification and Follow-Up Management of Hydrogen-Specialized Enterprises) |
| (1) | Upon receipt of an application for verification as to whether an enterprise is qualified as a hydrogen-specialized enterprise under Article 11 (1) of the Act, the Minister of Trade, Industry and Energy may conduct a written or on-site investigation to verify whether such enterprise falls under subparagraph 3 of Article 2 of the Act. In such cases, a person subject to the investigation shall be notified of an investigation plan including the purpose, date, time, and place of the investigation no later than three days before the date of the investigation, if an on-site investigation is conducted. |
| (2) | Where necessary to verify whether an enterprise verified as a hydrogen-specialized enterprise under Article 11 (2) of the Act continues to meet the requirements for a hydrogen-specialized enterprise, the Minister of Trade, Industry and Energy may conduct a written or on-site investigation. In such cases, the latter part of paragraph (1) shall apply mutatis mutandis to procedures for on-site investigation. |
| (3) | Except as provided in paragraphs (1) and (2), detailed matters necessary for verification and follow-up management of hydrogen-specialized enterprises shall be determined by the Minister of Trade, Industry and Energy. |
| Article 21 (Period of Validity of Hydrogen-Specialized Enterprise Verification Certificates) |
| (1) | A hydrogen-specialized enterprise verification certificate under Article 11 (2) of the Act shall be valid for five years from the date of verification. |
| (2) | Where a hydrogen-specialized enterprise files an application for an extension of the period of validity of its hydrogen-specialized enterprise verification certificate before such period of validity expires, the Minister of Trade, Industry and Energy may extend the period by up to five years only once. |
| Article 22 (Public Announcement of Revocation of Verification of Hydrogen-Specialized Enterprises) |
Where the Minister of Trade, Industry and Energy revokes the verification of a hydrogen-specialized enterprise pursuant to Article 12 (1) of the Act, he or she shall withdraw the relevant hydrogen-specialized enterprise verification certificate and make a public announcement of such revocation on the website.
| Article 23 (Consultation on Registration of Hydrogen-Specialized Investment Companies) |
| (1) | Pursuant to Article 14 of the Act, the Financial Services Commission shall have a prior consultation with the Minister of Trade, Industry and Energy on whether the details of an application for registering a hydrogen-specialized investment company are in conformity with the methods for asset management prescribed in Article 15 of the Act. |
| (2) | Where the details of an application for registering a hydrogen-specialized investment company under paragraph (1) fail to be in conformity with the methods for asset management under Article 15 of the Act, the Minister of Trade, Industry and Energy may request the Financial Services Commission to have the hydrogen-specialized investment company revise or supplement such details. |
| Article 24 (Scope of Asset Management) |
| (1) | "Percentage prescribed by Presidential Decree" in Article 15 (1) of the Act means 51/100. |
| (2) | "Percentage prescribed by Presidential Decree" in Article 15 (3) of the Act means 30/100. |
| (3) | Where a hydrogen-specialized investment company has residual assets after using its assets pursuant to Article 15 (1) of the Act, it shall manage at least 50/100 of the residual assets as follows: |
| 2. | Deposits with a financial institution; |
| 3. | Purchase of government or public bonds. |
| Article 25 (Scope of Funds Investable in Hydrogen-Specialized Enterprises) |
| (1) | "Funds prescribed by Presidential Decree" in subparagraph 1 of Article 16 of the Act means the following: |
| (2) | "Funds prescribed by Presidential Decree" in subparagraph 2 of Article 16 of the Act means the following: |
CHAPTER IV INSTALLATION OF HYDROGEN FUEL SUPPLY FACILITIES
| Article 26 (Submission of Plans to Install Hydrogen Fuel Supply Facilities) |
| (1) | Where necessary for a wider distribution of hydrogen fuel supply facilities in accordance with a master plan, the Minister of Trade, Industry and Energy may request a facility operator prescribed in Article 19 (1) of the Act (hereinafter referred to as "facility operator") to submit a plan to install hydrogen fuel supply facilities, including the following: |
| 1. | A plan to construct hydrogen fuel supply facilities; |
| 2. | A place for the installation of hydrogen fuel supply facilities; |
| 3. | The scale of hydrogen fuel supply facilities; |
| 4. | A method of supplying hydrogen necessary for hydrogen-fuel supply facilities; |
| 5. | A plan to raise funds; |
| 6. | Other matters necessary to facilitate the implementation of the hydrogen economy. |
| (2) | "Industrial complexes prescribed by Presidential Decree" in Article 19 (1) 3 of the Act means national industrial complexes, general industrial complexes, and agricultural and industrial complexes. |
| (3) | A facility operator upon receipt of a request under paragraph (1) shall submit a plan to install hydrogen fuel supply facilities to the Minister of Trade, Industry and Energy within 30 days from the date of receipt of such request: Provided, That where the facility operator finds it impracticable to submit such plan within 30 days due to any unavoidable reason, the period for submission may be extended by up to 15 days following consultation with the Minister of Trade, Industry and Energy. |
| (4) | Where the Minister of Trade, Industry and Energy examines a plan to install hydrogen fuel supply facilities submitted under paragraph (3) and deems that the details of such plan are inappropriate for rationalizing hydrogen fuel supply facilities and for promoting the hydrogen economy, he or she may request a facility operator to take the following necessary measures: |
| 1. | Adjusting or supplementing a plan to commence and complete the construction of hydrogen fuel supply facilities; |
| 2. | Adjusting the scale of hydrogen fuel supply facilities; |
| 3. | Other matters that the Minister of Trade, Industry and Energy deems necessary to install hydrogen fuel supply facilities. |
| (5) | Where deemed necessary to examine a plan to install hydrogen fuel supply facilities, the Minister of Trade, Industry and Energy may request a facility operator to submit related data. |
| (6) | Where deemed necessary for an examination under paragraph (4), the Minister of Trade, Industry and Energy may request that the relevant administrative agency, a local government, a research institute, an institution in exclusive charge of hydrogen industry promotion designated under Article 33 of the Act (hereinafter referred to as "institution exclusively for promotion"), an institution in exclusive charge of hydrogen distribution designated under Article 34 of the Act (hereinafter referred to as "institution exclusively for distribution"), an institution in exclusive charge of hydrogen safety designated under Article 35 of the Act (hereinafter referred to as "institution exclusively for safety"), or other related institutions or organizations conduct an examination. |
| Article 27 (Submission of Fuel Cells Installation Plans) |
| (1) | Pursuant to Article 21 (1) of the Act, the Minister of Trade, Industry and Energy may request an institution prescribed in the subparagraphs of that paragraph to submit a fuel cells installation plan, including the following: |
| 1. | A fuel cells installation plan; |
| 2. | A portion of electricity and heat generated by fuel cells; |
| 3. | A method of supplying fuels necessary for fuel cells; |
| 4. | A plan to raise funds; |
| 5. | Other matters necessary to facilitate the implementation of the hydrogen economy. |
| (2) | An institution upon receipt of a request under paragraph (1) shall submit a fuel cells installation plan to the Minister of Trade, Industry and Energy within 30 days from the date of receipt of such request: Provided, That where the institution finds it impracticable to submit such plan within 30 days due to any unavoidable reason, the period for submission may be extended by up to 15 days following consultation with the Minister of Trade, Industry and Energy. |
| (3) | Where the Minister of Trade, Industry and Energy examines a fuel cells installation plan submitted under paragraph (2) and deems that the details of such plan are inappropriate for facilitating the implementation of the hydrogen economy, he or she may request the relevant institution to take the following measures: |
| 1. | Adjusting or supplementing the fuel cells installation plan; |
| 2. | Adjusting the size of fuel cells; |
| 3. | Other measures that the Minister of Trade, Industry and Energy deems necessary to install fuel cells. |
| (4) | Article 26 (5) and (6) shall apply mutatis mutandis to the examination of a fuel cells installation plan under paragraph (3). In such cases, "hydrogen fuel supply facilities" shall be construed as "fuel cells". |
| Article 28 (Requirements for Designation of Hydrogen-Specialized Complex) |
Requirements for designation of a hydrogen-specialized complex under Article 22 of the Act shall be as follows: <Amended on Apr. 9, 2024> | 1. | A hydrogen-specialized complex shall be in an area where business entities related to the hydrogen industry are or are likely to be interconnected to form a cluster that improves industrial development; |
| 2. | Infrastructure related to transportation, communications, etc. shall be established or matters regarding the establishment or expansion of infrastructure shall be included in a plan under relevant statutes or regulations, such as the Industrial Sites and Development Act; |
| 3. | Key industries in an area where an application for designation of a hydrogen-specialized complex is filed and the hydrogen industry shall be highly likely to be connected to develop together; |
| 4. | A hydrogen-specialized complex shall have a huge ripple effect on the whole hydrogen industry; |
| 5. | Other requirements publicly notified by the Minister of Trade, Industry and Energy as deemed necessary to designate a hydrogen specialized complex shall be satisfied. |
| Article 29 (Application for Designation of Hydrogen-Specialized Complex) |
| (1) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") may apply for the designation of a hydrogen-specialized complex to the Minister of Trade, Industry and Energy pursuant to Article 22 (2) of the Act. In such cases, a Mayor/Do Governor shall, in advance, hear the opinion of the head of the Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) having jurisdiction over a hydrogen-specialized complex. |
| (2) | Where a Mayor/Do Governor intends to obtain the designation of a hydrogen-specialized complex pursuant to Article 22 (2) of the Act, he or she shall submit an application for designation prescribed by Ministerial Decree of Trade, Industry and Energy to the Minister of Trade, Industry and Energy, along with a plan to promote the hydrogen specialized complex, including the following: |
| 1. | Basic objectives, and direction-setting for mid- to long-term development, of the hydrogen-specialized complex; |
| 2. | The current status of the hydrogen industry and infrastructure in the relevant area; |
| 3. | Matters regarding the creation of an ecosystem of the hydrogen industry; |
| 4. | Matters regarding the establishment of infrastructure in the hydrogen-specialized complex; |
| 5. | Matters regarding the clustering of the hydrogen industry, the training of personnel, the establishment of research infrastructure, etc.; |
| 6. | Plans to finance the promotion of the hydrogen industry; |
| 7. | Other matters necessary to promote the hydrogen-specialized complex. |
| (3) | Where a Mayor/Do Governor prepares a plan to promote a hydrogen-specialized complex under paragraph (2), he or she shall hear the opinions of business entities, institutions, etc. related to the hydrogen-specialized complex to be designated. |
| Article 30 (Procedures for Designation of Hydrogen-Specialized Complex) |
| (1) | Where the Minister of Trade, Industry and Energy intends to designate a hydrogen-specialized complex pursuant to Article 22 (1) of the Act, he or she shall refer such designation to the Committee for deliberation. |
| (2) | The Minister of Trade, Industry and Energy may organize an evaluation committee, as prescribed by Ministerial Decree of Trade, Industry and Energy, for deliberation by the Committee under paragraph (1), and may require such committee to examine a plan to promote a hydrogen-specialized complex. |
| 1. | The name, location, and area of the hydrogen-specialized complex; |
| 2. | The objectives of designating the hydrogen-specialized complex; |
| 3. | The period of implementing a project for the hydrogen-specialized complex, and methods for financing and implementing such project (where the project is implemented phase by phase, referring to the period of implementing the project, and methods for financing and implementing it by phase); |
| 4. | A topographic map or a land registration map indicating the hydrogen-specialized complex; |
| 5. | A method for perusing data on the designation of the hydrogen-specialized complex. |
| Article 31 (Revocation of Designation of Hydrogen-Specialized Complex) |
| (1) | Where the Minister of Trade, Industry and Energy intends to revoke the designation of a hydrogen-specialized complex pursuant to Article 23 of the Act, he or she shall refer such revocation to the Committee for deliberation. In such cases, he or she shall, in advance, hear the opinion of the Mayor/Do Governor having jurisdiction over the relevant hydrogen-specialized complex. |
| (2) | Where the Minister of Trade, Industry and Energy revokes the designation of a hydrogen-specialized complex pursuant to Article 23 of the Act, he or she shall give public notice of the following matters in the Official Gazette and notify such revocation to the Mayor/Do Governor having jurisdiction over the relevant hydrogen specialized complex, without delay: |
| 1. | The name and location of the hydrogen-specialized complex whose designation is to be revoked; |
| 2. | The date of designation of the hydrogen-specialized complex and the date of revocation thereof; |
| 3. | A reason for revoking the designation of the hydrogen-specialized complex. |
| Article 32 (Projects Requiring Pilot Projects) |
"Projects prescribed by Presidential Decree as necessary for the implementation of the hydrogen economy" in Article 24 (1) 3 of the Act means the following: | 1. | A project for establishing infrastructure related to the production, storage, transportation, and utilization of hydrogen; |
| 2. | A project for manufacturing a prototype of a product related to the hydrogen industry; |
| 3. | A project for a model city and a model district for the hydrogen economy; |
| 4. | A project for demonstrating and disseminating a hydrogen product; |
| 5. | A demonstration project for creating an ecosystem of the hydrogen industry; |
| 6. | Other projects that the Minister of Trade, Industry and Energy deems necessary in relation to the implementation of the hydrogen economy. |
| Article 33 (Execution of Pilot Projects) |
| (1) | Where the Minister of Trade, Industry and Energy or the head of the relevant central administrative agency executes a pilot project prescribed in Article 24 (1) of the Act (hereinafter referred to as "pilot project"), he or she shall formulate a plan for the pilot project, including the following: |
| 1. | Matters regarding the objectives and strategies of, and systems for pursuing, the pilot project; |
| 2. | Matters regarding technologies or services related to hydrogen business which are to be applied to the pilot project; |
| 3. | Matters regarding financing necessary for the implementation of the pilot project; |
| 4. | Matters regarding a project requiring a pilot project and the period of executing the pilot project; |
| 5. | Other matters necessary to effectively implement the pilot project. |
| (2) | Where the Minister of Trade, Industry and Energy or the head of the relevant central administrative agency executes a pilot project, he or she shall make a public announcement of the following matters on the website: |
| 1. | A reason for designating the pilot project; |
| 2. | The details and period of the pilot project; |
| 3. | The scale of the pilot project, including the location, scope, and area thereof. |
| Article 34 (Support for Pilot Projects) |
| (1) | The Minister of Trade, Industry and Energy and the head of the relevant central administrative agency may provide a person who participates in a pilot project with the following support: |
| 2. | Laying a foundation necessary to efficiently perform the pilot project; |
| 3. | Protecting intellectual property rights related to the pilot project; |
| 4. | Other support necessary to fulfill the purpose of the pilot project. |
| (2) | A person who intends to receive support under paragraph (1) shall apply for support necessary to execute a pilot project to the Minister of Trade, Industry and Energy and the head of the relevant central administrative agency. |
| (3) | Upon receipt of an application for support pursuant to paragraph (2), the Minister of Trade, Industry and Energy and the head of the relevant central administrative agency shall determine support necessary for the pilot project in consideration of the following: |
| 1. | Contribution made by the State and local governments to promoting the hydrogen economy; |
| 2. | Ripple effects of products and services related to the pilot project; |
| 3. | Other matters publicly notified by the Minister of Trade, Industry and Energy as deemed necessary for the promotion, etc. of the hydrogen industry. |
CHAPTER IV-2 CERTIFICATION OF CLEAN HYDROGEN AND PURCHASE OR SUPPLY OF HYDROGEN-GENERATED ELECTRICITY
| Article 34-2 (Standards for Certification and Grade of Clean Hydrogen) |
| (1) | "Certification standards prescribed by Presidential Decree, such as carbon dioxide emissions emitted in the course of production, importation, etc." in Article 25-2 (1) of the Act means the certification standards publicly notified by the Minister of Trade, Industry and Energy in consultation with the heads of the relevant central administrative agencies, such as carbon dioxide emissions, etc. emitted directly or indirectly not only from extracting raw materials, but also from producing or importing hydrogen or hydrogen compounds (including domestic and international transport processes), based on the existence or non-existence of greenhouse gases and their emissions. In such cases, the Minister of Trade, Industry and Energy may take into account the methods of producing clean hydrogen, technologies, etc. applicable to such production. |
| (2) | With regard to hydrogen or hydrogen compounds meeting the certification standards under paragraph (1), the Minister of Trade, Industry and Energy may conduct the certification of clean hydrogen by grade, based on not more than five grades classified according to the amount of greenhouse gases emitted therefrom. |
| (3) | The classification of grades necessary for the certification of clean hydrogen by grade and detailed standards for each grade under paragraph (2) shall be determined and publicly notified by the Minister of Trade, Industry and Energy. |
[This Article Added on Nov. 21, 2023]
[Previous Article 34-2 moved to Article 34-10 <Nov. 21, 2023>]
| Article 34-3 (Procedures for Certification of Clean Hydrogen) |
| (1) | A person who intends to obtain certification of clean hydrogen pursuant to Article 25-2 (1) of the Act (hereinafter referred to as "applicant") shall submit an application for certification of clean hydrogen and accompanying documents prescribed by Ministerial Decree of Trade, Industry and Energy to the Minister of Trade, Industry and Energy. |
| (2) | Upon receipt of an application under paragraph (1), the Minister of Trade, Industry and Energy shall examine whether the standards for certification of clean hydrogen under Article 34-2 (1) are complied with, and if determining the standards to be complied with, the Minister shall conduct the certification of clean hydrogen by grade under paragraph (2) of that Article, and then issue a certificate prescribed by Ministerial Decree of Trade, Industry and Energy. |
| (3) | Where the standards are determined not to be complied with under paragraph (2), the Minister of Trade, Industry and Energy shall notify the applicant of such noncompliance and the grounds therefor. |
| (4) | The Minister of Trade, Industry and Energy may require an applicant to bear expenses incurred in the certification of clean hydrogen. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the methods, procedures, etc. for certification of clean hydrogen shall be determined by the Minister of Trade, Industry and Energy. |
[This Article Added on Nov. 21, 2023]
[Previous Article 34-3 moved to Article 34-11 <Nov. 21, 2023>]
| Article 34-4 (Support for Producers and Users of Clean Hydrogen) |
The Minister of Trade, Industry and Energy may provide the following administrative and financial support to persons who produce and use clean hydrogen pursuant to Article 25-2 (2) of the Act: | 1. | Support for technology development, facility investment, distribution and supply system, and job creation for promoting the production and use of clean hydrogen; |
| 2. | Other support deemed necessary by the Minister of Trade, Industry and Energy, such as providing incentives based on the amount of clean hydrogen produced and used. |
[This Article Added on Nov. 21, 2023]
[Previous Article 34-4 moved to Article 34-12 <Nov. 21, 2023>]
| Article 34-5 (Reporting on Implementation of Improvement Orders) |
| (1) | Any person, in receipt of an order for improvement under Article 25-2 (5) of the Act, shall submit the results of measures implemented to the Minister of Trade, Industry and Energy within 30 days from the date he or she receives such order. |
| (2) | Upon receipt of the results under paragraph (1), the Minister of Trade, Industry and Energy may conduct an on-site inspection and collect data, if necessary to verify whether the results are true. |
| (3) | Where the Minister of Trade, Industry and Energy revokes the certification of clean hydrogen or issues an order to not to use a certification mark or to make an improvement pursuant to Article 25-2 (5) of the Act, he or she shall publicly notify such fact in the Official Gazette or on the website of the Ministry of Trade, Industry and Energy. |
[This Article Added on Nov. 21, 2023]
[Previous Article 34-5 moved to Article 34-13 <Nov. 21, 2023>]
| Article 34-6 (Maintenance and Inspection of Standards for Certification of Clean Hydrogen) |
The Minister of Trade, Industry and Energy shall conduct an inspection to verify whether a person who has obtained certification of clean hydrogen under Article 25-2 (7) of the Act continues to comply with the standards for certification of clean hydrogen under Article 34-2 (1) at least once a year. [This Article Added on Nov. 21, 2023]
[Previous Article 34-6 moved to Article 34-14 <Nov. 21, 2023>]
| Article 34-7 (Reporting on Production, Importation and Sale) |
| (1) | A person who produces, imports, or sells clean hydrogen shall file a quarterly report on the amount of clean hydrogen produced, imported, or sold and on a purchaser with the Minister of Trade, Industry and Energy, pursuant to Article 25-3 of the Act. |
| (2) | The Minister of Trade, Industry and Energy shall determine and publicly notify details regarding the items, quantity, date of sale, etc. of clean hydrogen necessary for filing a report under paragraph (1), and the methods and procedures for filing such report. |
[This Article Added on Nov. 21, 2023]
[Previous Article 34-7 moved to Article 34-15 <Nov. 21, 2023>]
| Article 34-8 (Designation of Clean Hydrogen Certification Agencies) |
| (1) | Pursuant to Article 25-4 (1) of the Act, the Minister of Trade, Industry and Energy may designate any of the following institutions, organizations, or corporations as a clean hydrogen certification agency (hereinafter referred to as "certification agency") if they meet the standards under paragraph (3): |
| 2. | An institution in exclusive charge of hydrogen industry promotion, an institution in exclusive charge of hydrogen distribution, or an institution in exclusive charge of hydrogen safety under Articles 33 through 35 of the Act; |
| 3. | Other institutions, organizations, or corporations recognized by the Minister of Trade, Industry and Energy as suitable for performing the affairs related to the certification and inspection of clean hydrogen. |
| (2) | Where the Minister of Trade, Industry and Energy designates a certification agency pursuant to paragraph (1), the Minister may designate the certification institution according to the affairs performed by the relevant certification agency as follows: |
| 1. | A certification operating institution (referring to an institution that performs the following affairs related to certification of clean hydrogen under Article 25-2 of the Act; hereinafter the same shall apply): |
| (a) | Receipt and review of applications for certification of clean hydrogen; |
| (b) | Issuance of clean hydrogen certificates; |
| (c) | Other matters necessary for the operation, management, and activation of clean hydrogen certification; |
| 1. | A certification testing and evaluation institution (referring to an institution that performs the following affairs related to certification of clean hydrogen under Article 25-2 of the Act; hereinafter the same shall apply): |
| (a) | On-site examination and technical verification of hydrogen production facilities, etc; |
| (b) | Issuance of evaluation results reports; |
| (c) | Other matters necessary for testing and evaluating certification of clean hydrogen. |
| (3) | "Standards prescribed by Presidential Decree, such as facilities necessary for certification“ in Article 25-4 (1) of the Act means the following: |
| 1. | A certification operating institution: |
| (a) | To have an organization exclusively in charge of affairs referred to in the items of paragraph (2) 1 and a system for performing the affairs; |
| (b) | To have at least five professional personnel necessary to perform the affairs referred to in the items of paragraph (2) 1; |
| 2. | A certification testing and evaluation institution: |
| (a) | To have an organization exclusively in charge of affairs referred to in the items of paragraph (2) 2 and a system for performing the affairs; |
| (b) | To have at least five professional personnel necessary to perform the affairs referred to in the items of paragraph (2) 2; |
| (c) | To be equipped with devices for testing and evaluating whether the standards for certification of clean hydrogen are being complied with. |
| (4) | Details regarding the affairs performed by a certification agency and the standards for designation of such certification agency under paragraphs (2) and (3) shall be determined and publicly notified by the Minister of Trade, Industry and Energy. |
| (5) | A person who intends to be designated as a certification agency under paragraph (1) shall submit an application for designation of a certification agency and accompanying documents prescribed by Ministerial Decree of Trade, Industry and Energy to the Minister of Trade, Industry and Energy: |
[This Article Added on Nov. 21, 2023]
[Previous Article 34-8 moved to Article 34-16 <Nov. 21, 2023>]
| Article 34-9 (Interrelationship between Clean Hydrogen Certification Agencies) |
A certification operating institution may, if necessary for the certification of clean hydrogen, entrust a certification testing and evaluation institution to perform the affairs under each item of Article 34-8 (2) 2. [This Article Added on Nov. 21, 2023]
[Previous Article 34-9 moved to Article 34-17 <Nov. 21, 2023>]
| Article 34-10 (Purchasers of Hydrogen-Generated Electricity) |
| (1) | "Person prescribed by Presidential Decree" in Article 25-6 (1) of the Act means the following relevant person: |
| 1. | A person who purchases an amount of hydrogen-generated electricity: An electric sales business entity or a district electric business entity under the Electric Utility Act; |
| 2. | A person who supplies an amount of hydrogen-generated electricity: A hydrogen power generation business entity. |
| (2) | "Amount of hydrogen-generated electricity prescribed by Presidential Decree" in Article 25-6 (1) of the Act means the following relevant amount of hydrogen-generated electricity that a person is allowed to purchase or supply under paragraph (4) of that Article (hereinafter referred to as "required amount of purchase or supply"): |
| 1. | An amount of hydrogen-generated electricity that a person is allowed to purchase: An amount of hydrogen-generated electricity allocated to a person falling under paragraph (1) 1 (hereinafter referred to as "purchaser") in consideration of the following: |
| (a) | An amount of electricity traded by a purchaser in the electricity market under the Electric Utility Act (hereinafter referred to as "electricity market") in the immediately preceding year; |
| (b) | An amount of hydrogen-generated electricity that a person other than purchasers intends to purchase; |
| 2. | An amount of hydrogen-generated electricity that a person is allowed to supply: An amount of hydrogen-generated electricity determined and publicly notified by the Minister of Trade, Industry and Energy in consideration of an amount of hydrogen-generated electricity for which a person falling under paragraph (1) 2 of this Article (hereinafter referred to as "supplier") concludes a contract for supply under Article 25-6 (3) of the Act. |
[This Article Added on Dec. 14, 2022]
[Moved from Article 34-2 <Nov. 21, 2023>]
| Article 34-11 (Standards for Successful Bidding in Bidding Market) |
| (1) | "Standards prescribed by Presidential Decree, such as resident acceptance" in the latter part of Article 25-6 (2) of the Act means the following: |
| 1. | Power costs shall not be excessively high; |
| 2. | Procedures for gathering opinions from residents in an area where a power plant is located shall be followed; |
| 3. | Contributions shall be made to developing technology related to the hydrogen industry and promoting such industry; |
| 4. | There shall not be any hindrance to ensuring stability in the electric power system and the demand for and supply of electricity; |
| 5. | Efforts shall be made to improve energy efficiency. |
[This Article Added on Dec. 14, 2022]
[Moved from Article 34-3 <Nov. 21, 2023>]
| Article 34-12 (Methods of Conclusion of Contracts in Bidding Market) |
"Method prescribed by Presidential Decree" in Article 25-6 (3) of the Act means a method of contract prescribed by operating rules regarding a bidding market under Article 25-7 (2) of the Act. [This Article Added on Dec. 14, 2022]
[Moved from Article 34-4 <Nov. 21, 2023>]
| Article 34-13 (Annual Required Amounts of Purchase or Supply) |
The Minister of Trade, Industry and Energy shall determine a required amount of purchase or supply under Article 25-6 (4) of the Act within 10 percent of the total amount of electricity generation in Korea in the immediately preceding year and publicly notify such amount. [This Article Added on Dec. 14, 2022]
[Moved from Article 34-5 <Nov. 21, 2023>]
| Article 34-14 (Recovery of Expenses for Meeting Required Amounts of Purchase or Supply) |
Pursuant to Article 25-6 (6) of the Act, the Minister of Trade, Industry and Energy shall endeavor to ensure that a purchaser or supplier can reflect the expenses incurred in meeting a required amount of purchase or supply in electric rates under Article 16 (1) of the Electric Utility Act and electric rates paid by electricity users under other terms and conditions of supply to recover such expenses. [This Article Added on Dec. 14, 2022]
[Moved from Article 34-6 <Nov. 21, 2023>]
| Article 34-15 (Agencies Managing Bidding Market) |
"Institution, organization, or corporation related to hydrogen business or electricity transactions that meets the standards prescribed by Presidential Decree, such as facilities and personnel" in Article 25-7 (1) of the Act means an institution, organization, or corporation that meets all of the following requirements: | 2. | It shall have at least 50 executive officers and employees with expertise and relevant experience in the operation of the bidding market or electricity market; |
| 3. | It shall have facilities for measuring and calculating the amounts of hydrogen-generated electricity and for managing the electric power system for hydrogen power plants. |
[This Article Added on Dec. 14, 2022]
[Moved from Article 34-7 <Nov. 21, 2023>]
| Article 34-16 (Fees for Transactions) |
| (1) | Fees under Article 25-7 (3) of the Act shall be calculated by the following formula: |
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| (2) | Annual operating expenses in the formula under paragraph (1) shall be calculated by including expenses or costs related to the operation and follow-up management of a bidding market, such as facility expenses, maintenance and repair expenses, labor costs, and service costs. |
[This Article Added on Dec. 14, 2022]
[Moved from Article 34-8 <Nov. 21, 2023>]
| Article 34-17 (Designation of Management Agencies) |
| (1) | A person who intends to be designated as a management agency under Article 25-7 (1) of the Act shall submit an application for designation of a management agency prescribed by Ministerial Decree of Trade, Industry and Energy to the Minister of Trade, Industry and Energy, along with the following documents: |
| 1. | The articles of incorporation; |
| 2. | A plan for operating a management agency; |
| 3. | Data regarding the current status of personnel, facilities, and equipment necessary for the affairs of a management agency. |
| (2) | Upon receipt of an application for designation of a management agency under paragraph (1), the Minister of Trade, Industry and Energy shall determine whether to grant designation in consideration of the following: <Amended on Nov. 21, 2023> |
| 1. | Whether the affairs of a management agency can be performed fairly and promptly; |
| 2. | Whether the requirements prescribed in the subparagraphs of Article 34-15 are met. |
| (3) | Where necessary for determining whether to grant designation under paragraph (2), the Minister of Trade, Industry and Energy may request an applicant to submit relevant data or may hear his or her opinion. |
[This Article Added on Dec. 14, 2022]
[Moved from Article 34-9 <Nov. 21, 2023>]
CHAPTER V LAYING FOUNDATION FOR HYDROGEN ECONOMY IMPLEMENTATION
| Article 35 (Nurturing of Professional Personnel) |
Where the Minister of Trade, Industry and Energy intends to establish a policy for nurturing professional technical personnel related to the hydrogen industry pursuant to Article 26 (1) of the Act, he or she may request the relevant central administrative agencies, government-funded research institutes, organizations, associations, etc. to submit data necessary to nurture such personnel, specifying the purpose and use of the data, and deadline for submission thereof.
| Article 36 (Development of Social Consensus) |
"Matters prescribed by Presidential Decree" in subparagraph 6 of Article 31 of the Act means the following: | 1. | Holding exhibitions related to hydrogen; |
| 2. | Establishing and operating experience centers and cultural space to facilitate the implementation of the hydrogen economy; |
| 3. | Holding discussions, seminars, etc. on social, economic, and environmental effects caused by the hydrogen industry. |
| Article 37 (Standards for Designation of Institutions Exclusively for Promotion) |
| (1) | Pursuant to Article 33 (1) of the Act, the Minister of Trade, Industry and Energy may designate a person who meets all of the following requirements for designation as an institution exclusively for promotion: |
| 1. | The person shall be any of the following institutions or corporations: |
| 2. | The person shall have a dedicated organization and personnel that are necessary to perform the projects prescribed in the subparagraphs of Article 33 (2) of the Act. |
| (2) | The Minister of Trade, Industry and Energy may designate an institution exclusively for promotion under Article 33 (1) of the Act in accordance with the following classification: |
| 1. | A central institution exclusively for hydrogen industry promotion: An institution exclusively for promotion that exercises general supervision over and performs the projects specified in Article 33 (2) of the Act; |
| 2. | A regional institution exclusively for hydrogen industry promotion: An institution exclusively for promotion that is dedicated to performing affairs for the area under its jurisdiction, among the projects specified in Article 33 (2) of the Act. |
| (3) | Upon designation of an institution exclusively for promotion, the Minister of Trade, Industry and Energy shall issue a certificate of designation of an institution exclusively for hydrogen industry promotion prescribed by Ministerial Decree of Trade, Industry and Energy. |
| (4) | Where the Minister of Trade, Industry and Energy designates an institution exclusively for promotion or revokes such designation under Article 33 (1) or (5) of the Act, he or she shall make a public announcement of the designation or revocation on the website. |
| Article 38 (Profit-Making Business of Institutions Exclusively for Promotion) |
| (1) | Profit-making business under Article 33 (3) of the Act shall be the following business related to the hydrogen industry: |
| 1. | Provision of information and research services; |
| 2. | Education and publicity; |
| 3. | Other business that the Minister of Trade, Industry and Energy deems necessary to fulfill the purpose of the designation of an institution exclusively for promotion. |
| (2) | Where an institution exclusively for promotion intends to perform profit-making business prescribed in paragraph (1), it shall submit a plan for profit-making business to the Minister of Trade, Industry and Energy before the relevant business year commences, and shall submit a report on the performance of profit-making business specified in paragraph (1) and a statement of accounts to the Minister of Trade, Industry and Energy within three months after the relevant business year ends. |
| Article 39 (Operation of Institutions Exclusively for Promotion) |
| (1) | An institution exclusively for promotion shall prepare an operation plan necessary to perform its business, and shall obtain approval of such plan from the Minister of Trade, Industry and Energy to perform business. |
| (2) | An institution exclusively for promotion shall submit a business plan for the relevant year, and the results of performing business and a statement of accounts for the preceding year to the Minister of Trade, Industry and Energy no later than January 31 of each year. |
| (3) | Where necessary to operate an institution exclusively for promotion under Article 33 (6) of the Act, the Minister of Trade, Industry and Energy may request such institution to submit materials on the status of its management and operation. In such cases, the institution shall cooperate therein unless there is good reason. |
| Article 40 (Standards for Designation of Institutions Exclusively for Distribution) |
| (1) | Pursuant to Article 34 (1) of the Act, the Minister of Trade, Industry and Energy may designate a person who meets all of the following requirements as an institution exclusively for distribution: |
| 1. | The person shall be any of the following institutions or corporations: |
| 2. | The person shall have a dedicated organization and personnel, specialized technology, operational capability, and assets that are necessary for the projects under the subparagraphs of Article 34 (1) of the Act; |
| 3. | The person shall have an audit system to ensure fairness in performing business. |
| (2) | Upon designation of an institution exclusively for distribution, the Minister of Trade, Industry and Energy shall issue a certificate of designation of an institution exclusively for hydrogen distribution prescribed by Ministerial Decree of Trade, Industry and Energy. |
| (3) | Where the Minister of Trade, Industry and Energy designates an institution exclusively for distribution or revokes such designation under Article 34 (1) or (3) of the Act, he or she shall make a public announcement of the designation or revocation on the website. |
| Article 41 (Operation of Institutions Exclusively for Distribution) |
Article 39 shall apply mutatis mutandis to the operation of an institution exclusively for distribution under Article 34 (4) of the Act. In such cases, "institution exclusively for promotion" shall be construed as "institution exclusively for distribution".
| Article 42 (Standards for Designation of Institutions Exclusively for Safety) |
| (1) | Pursuant to Article 35 (1) of the Act, the Minister of Trade, Industry and Energy may designate a person who meets all of the following requirements as an institution exclusively for safety: |
| 1. | The person shall be any of the following institutions or corporations: |
| 2. | The person shall have a dedicated organization and personnel, specialized technology, and facilities that are necessary to perform the projects prescribed in the subparagraphs of Article 35 (1) of the Act. |
| (2) | Upon designation of an institution exclusively for safety, the Minister of Trade, Industry and Energy shall issue a certificate of designation of an institution exclusively for hydrogen safety prescribed by Ministerial Decree of Trade, Industry and Energy. |
| (3) | Where the Minister of Trade, Industry and Energy designates an institution exclusively for safety or revokes such designation under Article 35 (1) or (4) of the Act, he or she shall make a public announcement of the designation or revocation on the website. |
| Article 43 (Profit-Making Business of Institutions Exclusively for Safety) |
Article 38 shall apply mutatis mutandis to profit-making business of an institution exclusively for safety prescribed in Article 35 (2) of the Act. In such cases, "hydrogen industry" shall be construed as "hydrogen safety", and "institution exclusively for promotion" as "institution exclusively for safety".
| Article 44 (Operation of Institutions Exclusively for Safety) |
Article 39 shall apply mutatis mutandis to the operation of an institution exclusively for safety prescribed in Article 35 (5) of the Act. In such cases, "institution exclusively for promotion" shall be construed as "institution exclusively for safety".
| Article 45 (Hydrogen Industry Development Council) |
| (1) | The Minister of Trade, Industry and Energy may organize and operate a Hydrogen Industry Development Council (hereinafter referred to as the "Council") to facilitate mutual cooperation among institutions exclusively for promotion, institutions exclusively for distribution, and institutions exclusively for safety, such as information exchange and business cooperation. |
| (2) | Matters necessary for the organization, operation, etc. of the Council shall be determined and publicly notified by the Minister of Trade, Industry and Energy. |
CHAPTER VI SAFETY MANAGEMENT
| Article 46 (Standards for, and Scope of Persons of, Registration or Re-Registration for Manufacture of Foreign Hydrogen Equipment) |
| (1) | The standards for registration or re-registration of the manufacture of foreign hydrogen equipment under Article 38 (1) and (2) of the Act shall be as follows: |
| 1. | The facility standards and technical standards for the manufacture of hydrogen equipment under Article 38 (4) of the Act shall be met; |
| (2) | The scope of persons who intend to file for registration or re-registration of the manufacture of foreign hydrogen equipment pursuant to Article 38 (1) and (2) of the Act shall be those who manufacture hydrogen equipment: Provided, That this shall not apply to the manufacture of hydrogen equipment prescribed by Ministerial Decree of Trade, Industry and Energy, such as hydrogen equipment imported for testing or research and development. |
| Article 47 (Types of Safety Personnel) |
| (1) | Types of safety personnel specified in Article 42 (1) of the Act (hereinafter referred to as "safety personnel") shall be as follows: |
| 2. | A safety vice supervisor; |
| (2) | A safety supervisor shall be the manufacturer of the relevant hydrogen equipment (in the case of a corporation, referring to the representative thereof). |
| (3) | A safety vice supervisor shall be the chief executive officer who directly manages hydrogen equipment manufacturing facilities of the relevant business entity. |
| (4) | The qualifications for safety personnel and the number of safety personnel to be appointed shall be as specified in Appendix 1. |
| Article 48 (Scope of Duties of Safety Personnel) |
| (1) | Safety personnel shall perform the following duties related to safety management: |
| 1. | Maintaining the safety of hydrogen equipment manufacturing facilities, and preparing and retaining inspection records; |
| 2. | Managing the manufacturing process of hydrogen equipment; |
| 3. | Preparing and retaining records of compliance with the safety management regulations prescribed in Article 41 of the Act; |
| 4. | Directing and supervising matters necessary for the safety management for the employees of a place of business; |
| 5. | Directing and supervising matters necessary for the safety management for persons who improve or repair a place of business; |
| 6. | Measures to prevent any risk caused by hydrogen equipment, etc. |
| (2) | Except as otherwise provided in this Decree, no safety officer and safety manager shall assume duties other than those specified in the subparagraphs of paragraph (1). |
| (3) | Safety personnel shall perform duties classified as follows: |
| 1. | A safety supervisor: Exercising general supervision over affairs related to the safety of a place of business; |
| 2. | A safety vice supervisor: Assisting a safety supervisor and directly managing the safety of hydrogen equipment manufacturing facilities; |
| 3. | A safety officer: Performing the following duties: |
| (a) | Assisting a safety vice supervisor and managing technical matters related to the safety of a place of business; |
| (b) | Directing and supervising safety managers; |
| 4. | A safety manager: Performing the duties of safety personnel under the direction of a safety officer. |
| (4) | In cases falling under any of the subparagraphs of Article 42 (3) of the Act, a person who appoints safety personnel pursuant to Article 42 (1) of the Act shall designate an agent and require him or her to act on behalf of the safety personnel for the period classified as follows: |
| 1. | In cases falling under Article 42 (3) 1 of the Act: A period not exceeding 30 days during which the safety personnel is unable to perform his or her duties; |
| 2. | In cases falling under Article 42 (3) 2 of the Act: A period until another safety personnel is appointed. |
| (5) | Where an agent acts on behalf of safety personnel under Article 42 (3) of the Act, such agent shall be any of the following persons classified based on the following relevant duties: |
| 1. | Duties of a safety supervisor or safety vice supervisor: A person who directly assists such safety supervisor or safety vice supervisor with his or her duties; |
| 2. | Duties of a safety officer: A safety manager; |
| 3. | Duties of a safety manager: A person with knowledge of hydrogen safety management, among employees of the relevant place of business who engage in any business related to hydrogen. |
| (6) | "Safety personnel prescribed by Presidential Decree" in Article 42 (5) of the Act means the safety personnel specified in Article 47 (1) 2 through 4. |
| Article 49 (Omission of Inspections of Hydrogen Equipment) |
| (1) | An inspection of any of the following hydrogen equipment shall be fully omitted under the proviso of Article 44 (1) of the Act: |
| 1. | Hydrogen equipment manufactured for export; |
| 2. | Hydrogen equipment imported for testing or research and development (limited to where the relevant hydrogen equipment is directly subject to testing or research and development); |
| 3. | Hydrogen equipment imported to be used by a foreign institution in the Republic of Korea, which has undergone an inspection in a foreign country; |
| 4. | Hydrogen equipment imported as a sample by a manufacturer or an importer of hydrogen equipment; |
| 5. | Hydrogen equipment imported for export. |
| (2) | Where hydrogen equipment, other than that prescribed in paragraph (1) 2 through 5, is imported under the proviso of Article 44 (1) of the Act, an inspection of such hydrogen equipment may be partially omitted, as prescribed by Ministerial Decree of Trade, Industry and Energy. |
| (3) | Where hydrogen equipment, an inspection of which is fully or partially omitted under paragraph (1) or (2), is deemed to fail to meet the standards for inspection of hydrogen equipment, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (hereinafter referred to as "head of a Si/Gun/Gu") shall notify the Minister of Trade, Industry and Energy of such fact. |
| Article 50 (Periodic Inspections) |
A person who intends to install and use hydrogen fuel-using facilities pursuant to Article 47 (1) of the Act (hereinafter referred to as "facility user") shall undergo a periodic inspection under Article 47 (3) of the Act within the following relevant period as at the date he or she is issued with a certificate of completion inspection under Article 47 (2) of the Act: Provided, That where the Korea Gas Safety Corporation deems it necessary, the facility user may undergo a periodic inspection within the same period for each Eup/Myeon/Dong; and where the facility user makes a request, he or she may undergo a periodic inspection within the period determined following a consultation with the Korea Gas Safety Corporation: | 1. | For a user of a public-use facility specified in Appendix 2: Within 30 days before or after the date six months elapse; |
| 2. | For a user of any facility other than that specified in subparagraph 1: Within 30 days before or after the date one year elapses. |
| Article 51 (Application for Approval of Detailed Standards) |
Where the Gas Technical Standards Committee established under Article 33-2 of the High-Pressure Gas Safety Control Act (hereafter in this Article referred to as the "Gas Technical Standards Committee") deliberates and decides on the detailed standards prescribed in Article 48 (1) of the Act under Article 48 (2) of the Act, it shall submit to the Minister of Trade, Industry and Energy an application for approval of the detailed standards that includes the following, within 10 days from the date of such deliberation and decision: | 1. | Reasons for establishing or amending the detailed standards; |
| 2. | Progress and results of deliberation by the Gas Technical Standards Committee; |
| 3. | Minutes of the Gas Technical Standards Committee. |
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 52 (Report, Disclosure, and Indication of Hydrogen Selling Price) |
| (1) | The details and methods of, and deadline for, reporting hydrogen selling prices by a hydrogen seller under Article 50 (1) of the Act (hereinafter referred to as "hydrogen seller") shall be as specified in Appendix 3. |
| (2) | The Minister of Trade, Industry and Energy shall disclose the hydrogen selling prices reported to him or her under paragraph (1) in accordance with the following classification: |
| 1. | The daily average selling price of all hydrogen sellers; |
| 2. | A normal selling price by hydrogen seller (referring to the selling price to which no discount or premium is applied in accordance with separate transaction terms and conditions). |
| (3) | The details, timing, and methods of disclosure of hydrogen selling prices under paragraph (2) shall be as specified in Appendix 4. |
| (4) | Where a hydrogen seller installs a price display board to indicate selling prices under Article 50 (3) of the Act, he or she shall install such board in a place easily discernible to consumers. |
| (6) | Detailed matters regarding the types of price display boards for indicating prices under paragraphs (4) and (5), and places, methods, etc. for such indication shall be determined and publicly notified by the Minister of Trade, Industry and Energy. |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for reporting, disclosure, etc. of hydrogen selling prices shall be prescribed by Ministerial Decree of Trade, Industry and Energy. |
| Article 53 (Types of Insurance) |
| (1) | A hydrogen equipment manufacturer and a hydrogen equipment importer under Article 51 (1) of the Act shall purchase gas accident liability insurance or insurance containing the same details as those of such liability insurance: Provided, That the same shall not apply to persons prescribed by Ministerial Decree of Trade, Industry and Energy, such as a person who imports hydrogen equipment for testing or research and development. |
| (2) | The amount of insurance specified in Article 51 (1) of the Act shall be prescribed by Ministerial Decree of Trade, Industry and Energy. |
| Article 54 (Types, Installation, and Remodeling of Business Facilities) |
Specific details regarding the types, installation, and remodeling of business facilities under the latter part, with the exception of the subparagraphs, of Article 52 of the Act shall be as follows: | 1. | Changing the meter, pump, circuit board, software, etc. of a hydrogen fuel supply facility or installing a changed hydrogen fuel supply facility for the purpose of selling hydrogen in a quantity less than the prescribed quantity under subparagraph 1 of Article 52 of the Act; |
| 2. | Heating hydrogen by installing, replacing, relocating, or repairing the pipes or storage facilities in a place of business and connecting them to a rapid heater or any other device for the purpose of selling hydrogen by unjustly increasing its volume under subparagraph 2 of Article 52 of the Act. |
| Article 55 (Users’ Tolerance) |
"Users’ tolerance prescribed by Presidential Decree" in subparagraph 1 of Article 52 of the Act means the value which is two times the maximum permissible error specified in the criteria for verification of measuring instruments prescribed in Article 23 (2) of the Measures Act.
| Article 56 (Acts Undermining Distribution Order of Hydrogen) |
| (1) | "Acts prescribed by Presidential Decree" in subparagraph 5 of Article 52 of the Act means the following: |
| 1. | Supplying hydrogen by increasing or reducing hydrogen prices to the extent that the supply of and demand for hydrogen in a specific region or nationwide is disrupted; |
| 2. | Acquiring, providing, demanding, or promising unfair gains in return for changing or maintaining customers of hydrogen; |
| 3. | Hoarding hydrogen for excessive profits. |
| (2) | The Minister of Trade, Industry and Energy shall determine and publicly notify specific matters regarding acts that undermine the distribution order of hydrogen prescribed in the subparagraphs of paragraph (1). In such cases, he or she shall have a prior consultation with the head of the relevant administrative agency. |
| Article 57 (Entrustment of Affairs) |
| (1) | Pursuant to Article 56 (2) of the Act, the Minister of Trade, Industry and Energy shall entrust an institution in exclusive charge of promotion with investigations for verification, or revocation of verification, of a hydrogen-specialized enterprise under Article 11 or 12 of the Act. |
| (2) | The Minister of Trade, Industry and Energy shall entrust the following affairs to an institution in exclusive charge of distribution pursuant to Article 56 (2) of the Act: |
| 1. | Accepting a plan for hydrogen production or hydrogen supply and demand under Article 20 of the Act; |
| 2. | Receiving and disclosing a report on hydrogen selling prices under Article 50 (1) and (2) of the Act. |
| (3) | The Minister of Trade, Industry and Energy shall entrust the following duties to an institution exclusively for safety pursuant to Article 56 (2) of the Act: |
| 1. | Projects for the standardization of safety-related products, etc., among hydrogen-related products under Article 27 of the Act; |
| 2. | Promoting the development of safety-related technologies in the hydrogen industry under Article 30 of the Act. |
| (4) | The Minister of Trade, Industry and Energy or the head of a Si/Gun/Gu shall entrust the following duties to the Korea Gas Safety Corporation pursuant to Article 56 (2) of the Act: |
| 1. | Verifying and evaluating whether safety management regulations are complied with under Article 41 (4) of the Act; |
| 2. | Conducting a completion inspection of hydrogen equipment manufacturing facilities under Article 43 (1) of the Act; |
| 3. | Inspecting hydrogen equipment under Article 44 (1) of the Act; |
| 4. | Collecting and inspecting hydrogen equipment in distribution under Article 45 (1) of the Act; |
| 5. | Providing safety education under Article 46 (1) of the Act; |
| 6. | Conducting a completion inspection and a periodic inspection of hydrogen fuel-using facilities under Article 47 (2) and (3) of the Act. |
| (5) | The Minister of Trade, Industry and Energy may entrust a certification agency with the following affairs pursuant to Article 56 (2) of the Act: <Added on Nov. 21, 2023> |
| 1. | A certification operating institution: The following affairs: |
| (a) | Certification of clean hydrogen by grade and issuance of certificates under Article 25-2 (1) of the Act; |
| (b) | Notification of a determination of noncompliance with standards for certification of clean hydrogen under Article 34-3 (3); |
| (c) | Receipt of expenses for clean hydrogen certification under Article 34-3 (4); |
| (d) | Receipt, verification, and examination of applications for administrative and financial support for persons producing or using clean hydrogen under Article 25-2 (2) of the Act |
| (e) | Drawing and improvement of a design for a clean hydrogen certification mark under Article 25-2 (3) of the Act; |
| (f) | Public announcement of the revocation of certification, or the issuance of an order not to use a certification mark or to make an improvement under Article 25-2 (6) of the Act; |
| (g) | Receipt of a report on the amount of clean hydrogen produced, imported, or sold and on a purchaser under Article 25-3 of the Act; |
| 2. | A certification testing and evaluation institution: Inspecting whether certification standards under Article 25-2 (7) of the Act are being met; |
| (6) | Where the Minister of Trade, Industry and Energy entrusts the affairs under paragraph (5), the Minister shall publicly notify the entrusted institution and the details of entrusted affairs in the Official Gazette or on the website of the Ministry of Trade, Industry and Energy. <Added on Nov. 21, 2023> |
| Article 58 (Processing of Personally Identifiable Information) |
| 1. | Affairs regarding permission for, and permission for and reports on modifications of, hydrogen equipment manufacturing business under Article 36 of the Act; |
| 2. | Affairs regarding reports on succession to the status of a business entity under Article 40 of the Act. |
CHAPTER VIII PENALTY PROVISIONS
| Article 59 (Standards for Imposition of Administrative Fines) |
Standards for the imposition of administrative fines under Article 62 (3) of the Act shall be as specified in Appendix 5.
ADDENDA <Presidential Decree No. 31433, Feb. 5, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 5, 2021: Provided, That Articles 46 through 51 and 53 shall enter into force on February 5, 2022. Article 2 (Transitional Measures concerning the Hydrogen Economy Committee)
Any act conducted by or to the Hydrogen Economy Committee pursuant to the Regulations on the Establishment and Operation of the Hydrogen Economy Committee (Prime Ministerial Directive No. 763) before this Decree enters into force shall be deemed an act corresponding thereto conducted by or to the Committee under this Decree.
Article 3 (Transitional Measures concerning Committee Members)
A member commissioned under Article 3 (1) 2 of the Regulations on the Establishment and Operation of the Hydrogen Economy Committee (Prime Ministerial Directive No. 763) before this Decree enters into force shall be deemed a member commissioned under Article 6 (2) 2 of the Act. In such cases, the term of office of a commissioned member shall be from July 1, 2020 to the date two years elapse. Article 4 (Transitional Measures concerning Members of Working Committee)
A member commissioned under Article 8 (3) 2 of the Regulations on the Establishment and Operation of the Hydrogen Economy Committee (Prime Ministerial Directive No. 763) before this Decree enters into force shall be deemed a member commissioned under Article 11 (2) 2. In such cases, the term of office of a commissioned member shall be from July 1, 2020 to the date two years elapse.
ADDENDA <Presidential Decree No. 31961, Aug. 31, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 10, 2021.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 33076, Dec. 14, 2022>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 33586, Jun. 27, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 20 (Applicability to Verification of Hydrogen-Specialized Enterprises)
The amended provisions of Article 2 (1) 4 and 5 shall also apply where an application is filed for verification as to whether an enterprise is qualified as a hydrogen-specialized enterprise under Article 11 (1) of the Act before this Decree enters into force and where a hydrogen-specialized enterprise verification certificate is issued under paragraph (2) of that Article after this Decree enters into force.
ADDENDA <Presidential Decree No. 33882, Nov. 21, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on Nov. 30, 2023.
ADDENDUM <Presidential Decree No. 34396, Apr. 9, 2024>
This Decree shall enter into force on the date of its promulgation.