ACT ON ASSISTANCE TO ELECTRIC POWER PLANTS-NEIGHBORING AREAS

Article 1(Purpose) #

The purpose of this Act is to efficiently promote support programs for areas surrounding electric power plants and increase public understanding of the electric power business, thereby facilitating the development of electric power sources, planning the smooth operation of electric power plants, and contributing to regional development.

[This Article Wholly Amended on Dec. 27, 2007]

Article 2(Definitions) #

The term "surrounding area" in this Act means the area of an Eup/Myeon/Dong which includes the land and island areas within a 5-kilometer radius from the location where an electric generator has already been installed or is to be installed at an electric power plant (excluding power plants in multi-purpose dams under the Act on Construction and Management of Dams and Assistance to Their Environs, and power plants with a facility capacity equal to or less than that prescribed by Presidential Decree for each type of power generation source; hereinafter the same shall apply) being operated, under construction, scheduled to be built by an operator of electric power generation business under subparagraph 4 of Article 2 of the Electric Utility Act (hereinafter referred to as "operator of electric power generation business"); provided, in the case of a hydroelectric power plant, tidal power plant, or offshore wind power plant, it means an area adjacent to a water system, reservoir, or the sea related to the generation of electric power, which falls within the scope prescribed by Presidential Decree. <Amended on Mar. 30, 2011; Feb. 4, 2020; Jun. 15, 2021>

[This Article Wholly Amended on Dec. 27, 2007]

Article 3(Establishment of deliberative committee on support programs for surrounding areas) #

(1) A deliberative committee on support programs for surrounding areas (hereinafter referred to as the "committee") shall be established within the Ministry of Climate, Energy and Environment to deliberate on the following: <Amended on Jan. 30, 2024; Oct. 1, 2025>

1. Important matters regarding support programs under Article 10 (hereinafter referred to as "support programs");

2. Matters required by other statutes and regulations to go through the deliberation of the committee.

(2) A regional deliberative committee on support programs for surrounding areas (hereinafter referred to as "regional committee") may be established within each electric power plant to deliberate upon important matters regarding support programs of each electric power plant; provided, in the case of an electric power plant of a size larger than that prescribed by Presidential Decree, a regional committee shall be established. <Amended on Mar. 30, 2011>

(3) Matters necessary for the composition, functions, and operation of the committee and regional committees shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Dec. 27, 2007]

Article 4 #

Deleted. <Dec. 23, 2000>

Article 5 #

Deleted. <Dec. 23, 2000>

Article 6 #

Deleted. <Dec. 23, 2000>

Article 7 #

Deleted. <Dec. 23, 2000>

Article 8 #

Deleted. <Dec. 23, 2000>

Article 9(Formulation of plan for support programs) #

(1) The Minister of Climate, Energy and Environment shall formulate an annual plan for support programs. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(2) If deemed necessary to facilitate the smooth implementation of support programs, the Governor of a Special Self-Governing Province and the head of a 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 surrounding area may formulate a long-term plan for support programs for the surrounding area, in consultation with the Minister of Climate, Energy and Environment. <Amended on Feb. 29, 2008; Mar. 30, 2011; Mar. 23, 2013; Oct. 1, 2025>

(3) Matters necessary to formulate plans for support programs, such as the details of plans under paragraphs (1) and (2) and the circumstances of an area for which a long-term plan is to be formulated, shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Dec. 27, 2007]

Article 10(Types of support programs) #

(1) The types of support programs shall be as follows: <Amended on Mar. 30, 2011>

1. Basic support programs: Assistance programs aimed at developing surrounding areas and enhancing residents' welfare;

2. Special support programs: Assistance programs implemented for the surrounding area where an electric power plant is under construction or scheduled to be constructed and the area of the relevant Special Self-Governing Province, Si, Gun, or autonomous Gu (hereinafter referred to as the "local government");

3. Public relations programs: Programs aimed at increasing public understanding of electric power business;

4. Other programs (including survey and research activities) necessary for the development of the surrounding areas, environmental and security management thereof, and the advancement of the development of electric power sources.

(2) Specific matters regarding support content by support program type under paragraph (1), area eligibility, implementation period of implementation, support methods, etc. shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Dec. 27, 2007]

Article 10-2(Application for support programs) #

Where an implementer of a support program under Article 10 (1) 1 or 2 intends to implement the program, they shall apply to the Minister of Climate, Energy and Environment as prescribed by Presidential Decree. <Amended on Oct. 1, 2025>

[This Article Added on Oct. 20, 2020]

Article 11(Implementer of support programs) #

Support programs shall be implemented by the following persons as prescribed by Presidential Decree: <Amended on Feb. 29, 2008; Mar. 30, 2011; Mar. 23, 2013; Oct. 1, 2025>

1. The Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu having jurisdiction over a surrounding area;

2. The operator of electric generation business;

3. The corporation established under Article 32 of the Civil Act for the purpose of publicity of the nuclear power with permission from the Minister of Climate, Energy and Environment (hereinafter referred to as the "corporation").

[This Article Wholly Amended on Dec. 27, 2007]

Article 12 #

Deleted. <Jan. 5, 1995>

Article 13(Financial resources and determination of subsidy) #

(1) The expenses incurred in implementing support programs shall be borne by the Electric Power Industry Foundation Fund under Article 48 of the Electric Utility Act (hereinafter referred to as the "Fund").

(2) The standards for determining the amount of money subsidized from the Fund for support programs under paragraph (1) (hereinafter referred to as "subsidies") shall be prescribed by Presidential Decree every 5 years, taking into consideration the type, scale, and electric generation amount of the electric power plant, as well as the circumstances of the surrounding areas thereof. <Amended on Oct. 20, 2020>

[This Article Wholly Amended on Dec. 27, 2007]

Article 13-2(Local support programs by operator of nuclear or hydroelectric power generation business) #

(1) Each operator of electric generation business that operates a nuclear power plant or a hydroelectric power plant may implement support programs with their own funds.

(2) Where the operator of electric generation business under paragraph (1) implements support programs under that paragraph, they shall disclose the support program plan, selection standards, selection results and post-settlement results, etc. through their website or other means as prescribed by Presidential Decree. <Added on Feb. 3, 2015>

(3) Matters regarding the type and scale of support programs under paragraph (1), support eligibility, support methods shall be prescribed by Presidential Decree, taking into consideration the type, size, electric generation amount, and period of operation of the electric power plant, and the circumstances of the surrounding areas and the operator of electric generation business. <Amended on Feb. 3, 2015>

[This Article Wholly Amended on Dec. 27, 2007]

Article 14(Use of subsidies) #

(1) Subsidies shall be used in the surrounding area in accordance with Article 10 (2) as prescribed by Presidential Decree; provided, in cases prescribed by Presidential Decree for the efficient implementation of support programs, the balanced development of areas, or such other purpose, the subsidies may be used for areas, other than the relevant surrounding areas but within the local government to which the surrounding areas belong. In this regard, specific matters, including the types of support programs to be provided and the limit of subsidies, shall be prescribed by Presidential Decree.

(2) If a surrounding area is under the jurisdictions of two or more local governments, subsidies shall be used, as prescribed by Presidential Decree, taking into consideration the proportion of the local government's jurisdictional areas, population ratio, distance from the electric power plant, location, etc.; provided, where any unavoidable cause exists as prescribed by Presidential Decree in terms of the distinct circumstances of the relevant area, the subsidies may be used for an area deemed necessary by the Minister of Climate, Energy and Environment. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

[This Article Wholly Amended on Dec. 27, 2007]

Article 15(Priority implementation of programs) #

(1) The implementers of support programs shall give priority to the implementation of support programs for migrants who comes to relocate their residences and for residents of the surrounding areas who are recognized as having lost their livelihoods due to the construction of an electric power plant.

(2) Priority shall be given to the implementation of support programs for residents in any of the following: <Amended on Feb. 29, 2008; Mar. 30, 2011; Mar. 23, 2013; Oct. 1, 2025>

1. Surrounding areas for which a long-term plan under Article 9 (2) has been formulated;

2. Areas surrounding a nuclear power plant or bituminous coal-fired power plant (limited to cases where the total facility capacity is 1 million kilowatts or more, including cases where the total facility capacity becomes 1 million kilowatts or more due to the expansion of electric generation facilities), the construction of which has been requested by the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu;

3. Areas surrounding a nuclear power plant in which electric generators in excess of the number prescribed by Decree of the Ministry of Climate, Energy and Environment are in operation, or are scheduled to be constructed.

[This Article Wholly Amended on Dec. 27, 2007]

Article 16(Early use of subsidies) #

The implementer of a support program may accelerate or carry over the use of subsidies, as prescribed by Presidential Decree, for efficiently implementing the relevant support program in either of the following cases: <Amended on Feb. 29, 2008; Mar. 30, 2011; Mar. 23, 2013; Oct. 1, 2025>

1. Where a support program is implemented with priority under Article 15 (2);

2. Where the Minister of Climate, Energy and Environment deems it necessary to accelerate or carry over the use of the subsidies, in consultation with the Governor of the Special Self-Governing Province or the head of the Si/Gun/Gu having jurisdiction over the relevant area.

[This Article Wholly Amended on Dec. 27, 2007]

Article 16-2(Management of subsidies) #

(1) When an implementer of a support program under Article 11 receives a subsidy, they shall manage it separately from other budgets. In this case, an implementer of a support program under subparagraph 1 of Article 11 shall establish a special account to manage a subsidy. <Amended on Nov. 15, 2022>

(2) Interest accrued from managing a subsidy under paragraph (1) shall be carried over to the following year to be used, after the settlement of accounts each fiscal year. <Amended on Mar. 30, 2011>

(3) Out of the subsidies for public relations programs under Article 10 (1) 3, the subsidies given to a corporation established under subparagraph 3 of Article 11 shall be deemed contributed.

[This Article Wholly Amended on Dec. 27, 2007]

Article 16-3(Discontinuation of support programs) #

The Minister of Climate, Energy and Environment may require the discontinuation of a support program following deliberation by the committee when either of the following causes arises: <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

1. Where it is no longer necessary to continue a support program due to the discontinuation of the construction or operation of the electric power plant for a period prescribed by Presidential Decree;

2. Where it becomes impractical to achieve the objectives of the support program since the implementer of the support program under Article 11 fails to carry it out in conformity with the plan for support programs under Article 9.

[This Article Wholly Amended on Dec. 27, 2007]

Article 16-4(Recovery of subsidies) #

(1) Where a support program is discontinued under Article 16-3, the Minister of Climate, Energy and Environment may recover a subsidy already provided to the implementer of the support program but not yet used, or refuse to subsidize in the following year the amount equivalent to that of the subsidy not used. In such cases, the unused portion of the interest accrued from managing the subsidy provided to the implementer of the support program under Article 16-2 (1) shall be paid to the Fund. <Amended on Feb. 29, 2008; Mar. 30, 2011; Mar. 23, 2013; Oct. 1, 2025>

(2) In either of the following cases, the Minister of Climate, Energy and Environment may distribute to the implementer of the relevant support program a subsidy recovered or an amount determined not to be subsidized in the following year under paragraph (1) by curtailing them by 10 percent following deliberation by the Committee: <Amended on Feb. 29, 2008; Mar. 30, 2011; Mar. 23, 2013; Oct. 1, 2025>

1. Where the reason for the discontinuation of the relevant support program ceases to exist;

2. Where it is necessary for carrying out a new support program.

(3) Specific matters regarding procedures, etc. to recover or pay subsidies under paragraphs (1) and (2) shall be prescribed by Presidential Decree.

(4) An amount curtailed under paragraph (2) may be used to increase the subsidies based on the results of evaluation under Article 16-5. <Added on Mar. 30, 2011>

[This Article Wholly Amended on Dec. 27, 2007]

Article 16-5(Evaluation of support programs) #

(1) The Minister of Climate, Energy and Environment may evaluate support programs. <Amended on Mar. 23, 2013; Oct. 1, 2025>

(2) The Minister of Climate, Energy and Environment may entrust evaluation under paragraph (1) to a corporation or organization prescribed by Presidential Decree, from among the corporations or organizations under Article 52 (2) of the Electric Utility Act, or a specialized public opinion survey institution designated by the Minister of Climate, Energy and Environment. <Amended on Mar. 23, 2013; Oct. 1, 2025>

(3) The Minister of Climate, Energy and Environment may provide the increased or decreased amounts of subsidies according to the ratio prescribed by Presidential Decree within the range of 10 percent of the subsidies based on the results of evaluation under paragraph (1). <Amended on Mar. 23, 2013; Oct. 1, 2025>

(4) Except as provided in paragraphs (1) through (3), other matters necessary for the evaluation of support programs shall be prescribed by Presidential Decree.

[This Article Added on Mar. 30, 2011]

Article 17(Preferential employment of local residents) #

The operator of electric generation business may preferentially employ migrants and residents of the surrounding area under Article 15.

[This Article Wholly Amended on Dec. 27, 2007]

Article 17-2(Preferential treatment of local enterprises) #

When an operator of electric generation business enters into a contract for construction works, commodities, services, etc. prescribed by Presidential Decree, they may give preferential treatment to persons who have their main offices within the local government having jurisdiction over the relevant surrounding areas as prescribed by Presidential Decree.

[This Article Added on Mar. 30, 2011]

Article 18(Settlement report) #

The implementer of a support program shall prepare a settlement report on the support program each year and submit it to the Minister of Climate, Energy and Environment by February 10 of the following year. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

[This Article Wholly Amended on Dec. 27, 2007]

Article 19(Reporting and inspection) #

(1) If deemed necessary for the enforcement of this Act, the Minister of Climate, Energy and Environment may have an implementer of a support program report thereon or order him or her to submit materials and have a public official under his or her jurisdiction inspect the work related to the support program. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(2) A public official who conducts an inspection under paragraph (1) shall carry identification indicating his or her authority and present it to relevant persons.

[This Article Wholly Amended on Dec. 27, 2007]

Article 20(Administrative fines) #

(1) Where an operator of electric generation business or a corporation falls under any of the following subparagraphs, it shall be subject to an administrative fine not exceeding 5 million won:

1. Where it fails to make a report under Article 19 (1) or makes a false report;

2. Where it fails to submit materials under Article 19 (1) or submits false materials;

3. Where it refuses, obstructs, or evades an inspection under Article 19 (1).

(2) Administrative fines prescribed in paragraph (1) shall be imposed and collected by the Minister of Climate, Energy and Environment, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(3) Deleted. <Mar. 30, 2011>

(4) Deleted. <Mar. 30, 2011>

(5) Deleted. <Mar. 30, 2011>

[This Article Wholly Amended on Dec. 27, 2007]

Article 21(Legal fiction as public officials for purposes of applying penalty provisions) #

Executive officers and employees of the operator of electric generation business or the corporation that implement support programs in accordance with subparagraph 2 or 3 of Article 11 shall be deemed public officials for the purposes of applying Articles 129 through 132 of the Criminal Act.

[This Article Wholly Amended on Dec. 27, 2007]