Article 1(Purpose) #
The purpose of this Act is to ensure the stability of electricity supply and demand and to contribute to the development of the national economy by effectively propelling the electric power source development project.
[This Article Wholly Amended on Jan. 30, 2009]
Article 2(Definitions) #
The terms used in this Act are defined as follows: <Amended on Aug. 27, 2019>
1. The term "electric power source facilities" means electric facilities for electricity generation, electricity transmission and electricity transformation and accessory facilities thereto;
2. The term "electric power source development project" means the business falling under any of the following:
a. Installing or improving electric power source facilities;
b. Acquiring the land for the electric power source facilities that are being installed or have been installed, or securing the title for use;
3. The term "execution plan for electric power source development project" means a detailed plan for the execution of electric power source development project in accordance with the basic plan on supply and demand of electricity of the Government;
4. The term "land" means the lands, buildings, or the goods fixed on the lands, and the rights other than ownerships therefor, mining rights, fishery rights, aquaculture rights, and the rights for use of water.
[This Article Wholly Amended on Jan. 30, 2009]
Article 3(Electric power source developer) #
The electric power source development project shall be conducted by the operator of electric generation business and the operator of electric transmission business licensed under Article 7 of the Electric Utility Act, the radioactive waste management agency under Article 10 of the Radioactive Waste Management Act and the high-level radioactive waste management agency under Article 38 of the Special Act on the Management of High-level Radioactive Waste (hereinafter referred to as "electric power source developer"). <Amended on Mar. 25, 2025>
[This Article Wholly Amended on Jan. 30, 2009]
Article 4(Executive Committee for Electric Power Source Development Project) #
(1) The Executive Committee for Electric Power Source Development Project (hereinafter referred to as the "Committee") shall be established in the Ministry of Climate, Energy and Environment in order to deliberate upon important matters relating to electric power source development project. <Amended on Mar. 23, 2013; Oct. 1, 2025>
(2) Matters necessary for the composition, functioning and operation of the Committee shall be determined by Presidential Decree.
[This Article Wholly Amended on Jan. 30, 2009]
Article 5(Approval of execution plan for electric power source development project) #
(1) An electric power source developer shall establish an execution plan for electric power source development project (hereinafter referred to as "execution plan"), and shall obtain approval thereof from the Minister of Climate, Energy and Environment; provided, this shall not apply to electric power source development project prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Oct. 1, 2025>
(2) Where the electric power source developer intends to modify any of the matters approved under paragraph (1), the developer shall obtain approval thereof from the Minister of Climate, Energy and Environment; provided, the developer shall file a report where any modification occurs to the minor matters prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Oct. 1, 2025>
(3) The execution plan shall include the following:
1. Summary of the electric power source facilities;
2. Location and area of an electric power source development project area;
3. Execution period of electric power source development project;
4. Matters concerning the funds needed for electric power source development project and financing therefor;
5. Matters concerning installation of public facilities pursuant to Article 13 and bearing the costs thereof;
6. Matters concerning national natural environmental preservation;
7. Other matters prescribed by Presidential Decree concerning electric power source development project.
(4) Where the Minister of Climate, Energy and Environment is to grant approval of the execution plan or modification thereof under paragraph (1) or (2), the Minister shall hear in advance opinions of the head of the Si/Gun/Gu (the head of the Gu refers to the head of an autonomous Gu), and the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Special Self-Governing City Mayor, the Do Governor, or the Special Self-Governing Province Governor with jurisdiction over the electric power source development project area concerned (hereinafter referred to as "heads of the competent local governments"), and shall have the matter deliberated by the Committee after consultation with the heads of the relevant central administrative agencies; provided, approval for the minor matters prescribed by Presidential Decree or approval for any modification of the minor matters need not be deliberated by the Committee. <Amended on Mar. 23, 2013; Jan. 27, 2016; Jul. 18, 2023; Oct. 1, 2025>
Article 5-2(Hearing opinions from residents) #
(1) When an electric power source developer intends to obtain approval for the execution plan or modification thereof as referred to in Article 5, he or she shall hear, prior to filing an application for the approval or approval of modification, opinions from residents who are affected by the execution of the business concerned and related specialists (hereinafter referred to as "residents") through perusal of the implementation plan and the presentation meeting, and shall hold a public hearing where it is requested by the residents falling under the scope prescribed by Presidential Decree; provided, the same shall not apply to any of the following cases: <Amended on Jan. 27, 2016>
1. Where opinions of residents have already been converged under other statutes;
2. Where confidentiality concerning national defense information shall be maintained;
3. Where the project size of an execution plan or the length of lines is altered within the extent of 30/100;
4. Where it is a project to acquire land of the installed electric power source facilities or to acquire the title of use.
(2) When an electric power source developer admits that presented opinions of residents under paragraph (1) are reasonable, the execution plan shall reflect such opinions.
(3) Matters necessary for the methods and procedures for hearing opinions from the residents as referred to in paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Jan. 30, 2009]
Article 5-3(Selection of location for facilities for electricity transmission and electricity transformation) #
(1) Where an electric power source developer selects a location for facilities for electricity transmission and electricity transformation in order to formulate an execution plan, he or she shall organize a location selection committee, including public officials belonging to a local government prescribed by Presidential Decree, representatives of residents, relevant experts, and electric power source developers.
(2) A location selection committee shall deliberate and resolve on the following matters within the period prescribed by Presidential Decree:
1. Matters relating to the criteria for selecting a location;
2. Matters relating to the procedures, plans for hearing opinions from residents about the selection of locations;
3. Matters relating to surveys on the preference for candidate locations to select a location;
4. Matters relating to the securement, evaluation, and comparison of candidate locations and the selection of the optimum location;
5. Other matters presented to the committee, as deemed necessary for selecting a location by the chairperson.
(3) The commissioned members of a location selection committee shall attend a meeting of the location selection committee, unless there are any special circumstances prescribed by Presidential Decree, such as diseases.
(4) Where a location selection committee is not organized due to any reasons prescribed by Presidential Decree, such as the refusal of commissioning or attendance by public officials belonging to the competent local government or the representatives of residents, or where the deliberation and resolution by the location selection committee are not made within the period under paragraph (2), a location may be selected without meetings of the location selection committee according to the procedures prescribed by Presidential Decree.
(5) Other matters necessary for the organization, operation of a location selection committee shall be prescribed by Presidential Decree.
[This Article Added on Jul. 18, 2023]
Article 6(Relations to other statutes) #
(1) Where an electric power source developer has obtained approval of an execution plan or modification thereof pursuant to Article 5, he or she shall be deemed to have obtained permission, authorization, license, decision, designation, approval, discharge, consultation, disposition (hereinafter referred to as "authorization, permission") referred to in any of the following subparagraphs and, if public notice is given under paragraph (5) of the same Article, authorization, permission referred to in any of the following subparagraphs shall be deemed publicly notified or publicly announced: <Amended on Apr. 15, 2010; May 31, 2010; Jul. 25, 2011; Apr. 14, 2011; Jul. 25, 2011; Jan. 14, 2014; Jan. 29, 2020; Dec. 27, 2022>
1. Determination of the urban or Gun management plan under Article 30 of the National Land Planning and Utilization Act, permission for development activities under Article 56 of that Act, designation of an implementer of the urban or Gun planning facility project under Article 86 of that Act, authorization of an implementation plan under Article 88 of that Act, and permission for conducts in an urban development zone under Article 9(5) of the Urban Development Act;
2. Permission for the execution of road works under Article 36 of the Road Act, and permission for the occupation and use of roads under Article 61 of that Act;
3. Permission for the establishment of private roads under Article 4 of the Private Road Act;
4. Permission for the execution of rivers works under Article 30 of the River Act, permission for occupation and use of rivers under Article 33 of that Act, and permission for use of river water under Article 50 of that Act;
5. Permission for occupation and use of public waters under Article 8 of the Public Waters Management and Reclamation Act, approval for or report on an implementation plan for occupation and use under Article 17 of that Act, reclamation license of public waters under Article 28 of that Act, consultation on or approval for reclamation executed by the State under Article 35 of that Act, and approval for an implementation plan for reclamation of public waters under Article 38 of that Act;
6. Deleted; <Apr. 15, 2010>
7. Authorization for the installation of private-use waterworks and private-use industrial waterworks under Articles 52 and 54 of the Water Supply and Waterworks Installation Act;
8. Permission for acts in a park area under Article 23 of the Natural Parks Act;
Article 6-2(Expropriation of land) #
(1) An electric power source developer may expropriate or use land necessary for an electric power source development project.
(2) The land purchased by an electric power source developer through consultation in the electric development business area after approval of an execution plan or modification thereof or report thereon under Article 5 shall be regarded as being taken by expropriation under the Act on Acquisition of and Compensation for Land for Public Works Projects in application of the Income Tax Act or the Corporate Tax Act.
(3) Where public notice is made for the approval of execution plan or approval of modification under Article 5 in the application of paragraph (1), it shall be regarded as public notice being made for a project approval under Article 20(1) of the Act on Acquisition of and Compensation for Land for Public Works Projects and for a project approval under Article 22 of that Act.
(4) The land tribunal in charge of adjudication of expropriation and use of land in an electric power source development project area appropriate for the standards prescribed by Presidential Decree shall be the Central Land Tribunal, and the application for adjudication may be made only in the period of executing an electric power source development project, notwithstanding the provisions of Article 23(1) of the Act on Acquisition of and Compensation for Land for Public Works Projects and Article 28(1) of that Act.
(5) Except as otherwise provided in this Act, the Act on the Acquisition of and Compensation for Land for Public Works Projects shall apply mutatis mutandis to expropriation or use of land under paragraph (1).
[This Article Wholly Amended on Jan. 30, 2009]
Article 6-3(Entrance to and exit from land) #
(1) Where deemed necessary for the execution of an electric power source development project, an electric power source developer may conduct any of the following:
1. Entry to another person's land;
2. Temporary use of another person's land;
3. Change or removal of obstacles including trees, soil, stones.
(2) Articles 130 and 131 of the National Land Planning and Utilization Act shall apply mutatis mutandis to the cases in paragraph (1). In such cases, an "implementer of an urban or Gun planning facility project" shall be construed as an "electric power source developer." <Amended on Apr. 14, 2011>
[This Article Wholly Amended on Jan. 30, 2009]
Article 6-4(Registration of establishment of partitioned superficies) #
(1) Where an agreement has been reached through consultations with the owner of the land and the relevant person under subparagraph 5 of Article 2 of the Act on Acquisition of and Compensation for Land for Public Works Projects on condition that partitioned superficies be established or transferred with respect to the use of airspace over or underground space of the land owned by another person, an electric power source developer shall establish or transfer the partitioned superficies.
(2) Where an electric power source developer receives adjudication on expropriation or use to the effect of the establishment or transfer of the partitioned superficies with respect to the use of airspace over or underground space of the land under this Act and the Act on Acquisition of and Compensation for Land for Public Works Projects, he or she may solely apply for registration to establish or transfer the partitioned superficies by applying Article 99 of the Registration of Real Estate Act mutatis mutandis.
(3) Necessary matters regarding procedures for the registration of partitioned superficies to use airspace over or underground space of land shall be prescribed by the Supreme Court Regulations.
(4) Notwithstanding Articles 280 and 281 of the Civil Act, partitioned superficies under paragraphs (1) and (2) shall exist until power transmission lines [referring to wires connecting different power plants, different substations, and between power plants and substations, facilities to support or accommodate such wires (excluding facilities for communications), and electric installations of similar kind] are in existence.
[This Article Added on Jun. 15, 2021]
Article 7(Consultation on matters permitted by relevant administrative agencies) #
The head of the relevant administrative agency shall consult with the Minister of Climate Change, Energy and Environment if the head intends to grant permission or make any other disposition on any of the following matters in an electric power source development area after the approval of the execution plan. The same shall apply projects conducted directly by the State or a local government: <Amended on Mar. 23, 2013; Aug. 27, 2019; Oct. 1, 2025>
1. Establishment of roads, railroads, bridges, waterways, waterworks, and channels and their annexed facilities;
2. Change in water flow of rivers, reclamation and dredging of rivers or sea surface, construction or reconstruction of harbors, and establishment of fishery rights and aquaculture rights;
3. Construction, extension, or reconstruction of buildings;
4. Land development, ground excavation and reclamation, and other changes in land shape and quality.
[This Article Wholly Amended on Jan. 30, 2009]
Article 8(Restriction on disposal of State and publicly owned land) #
(1) Land possessed by the State or local governments in an electric resource development business area shall not be sold or disposed of for any purposes other than for an electric power source development project.
(2) Land under paragraph (1) may be sold to an electric power source developer by a free contract, notwithstanding the provisions of the State Property Act and the Public Property and Commodity Management Act.
[This Article Wholly Amended on Jan. 30, 2009]
Article 9(Entrustment of purchasing land) #
An electric power source developer may entrust the purchasing of land to be used for an electric power source development project and loss compensation to the head of a competent local government, as prescribed by Presidential Decree.
[This Article Wholly Amended on Jan. 30, 2009]
Article 10(Migration measures) #
(1) An electric power source developer shall establish and implement migration measures for those who are deprived of their basis of life (hereinafter referred to as "migrants") due to provision of land necessary for the execution of an electric power source development project, as prescribed by Presidential Decree.
(2) Where an electric power source developer intends to establish migration measures under paragraph (1), he or she shall consult in advance with the head of a competent local government.
(3) The State or local governments shall preferentially support with the National Housing Fund under the Housing Act for the construction of residential area and its houses in accordance with the execution of migration measures.
(4) An electric power source developer may entrust the purchasing of land for the migrants and establishment and execution of migration measures to the head of a competent local government, as prescribed by Presidential Decree.
(5) An electric power source developer may provide support necessary for resettlement or stabilization of livelihood, as prescribed by Decree of the Ministry of Climate, Energy and Environment, to relocated persons who do not wish to move to a relocation site (including relocated persons in cases where no relocation site is created), taking into account the loss of their hometown and the basis of living resulting from the electric power source development project. <Amended on Mar. 23, 2013; Oct. 1, 2025>
[This Article Wholly Amended on Jan. 30, 2009]
Article 11(Public notice of designation of prearranged area for electric power source development project) #
(1) The Minister of Climate, Energy and Environment may designate a prearranged area for an electric power source development project upon receipt of the application from an electric power source developer where it is deemed necessary for the execution of the electric power source development project. <Amended on Mar. 23, 2013; Oct. 1, 2025>
(2) Where the Minister of Climate, Energy and Environment designates a prearranged area for an electric power source development project under paragraph (1), the Minister shall publicly notify it as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Oct. 1, 2025>
(3) Where the Minister of Climate, Energy and Environment intends to designate a prearranged area for an electric power source development project under paragraph (1), the Minister shall consult in advance with the heads of relevant central administrative agencies and then submit it to the committee for deliberation. <Amended on Mar. 23, 2013; Oct. 1, 2025>
(4) Article 7 shall apply mutatis mutandis to a prearranged area for an electric power source development project under paragraph (1).
[This Article Wholly Amended on Jan. 30, 2009]
Article 12(Purchase request for land) #
(1) Where a prearranged area for an electric power source development project is designated and publicly notified under Article 11, the land owner of the same area may request the purchase of land to an electric power source developer, even before the approval of the execution plan.
(2) Where an electric power source developer is requested for the purchase of land under paragraph (1), he or she shall purchase them without delay.
(3) Article 6-2(2) shall apply mutatis mutandis to the land being transferred to an electric power source developer from the land owner of the prearranged area for electric power source development project under paragraph (1).
(4) Those who are made to move out owing to hand-over of land to an electric power source developer under paragraph (1) shall be construed as migrants under Article 10.
[This Article Wholly Amended on Jan. 30, 2009]
Article 13(Preferential construction of public facilities) #
Where the execution plan is approved, the head of a relevant administrative agency in charge of roads, bridges, ports, waterworks and other facilities prescribed by Presidential Decree (hereinafter referred to as "public facilities") shall give preference to the construction of the public facilities concerned so that the electric power source development project may be carried out smoothly; provided, the head of the relevant administrative agency may entrust the construction work of the public facilities to an electric power source developer where deemed necessary upon receipt of the application from the electric power source developer.
[This Article Wholly Amended on Jan. 30, 2009]
Article 14(Vesting of public facilities) #
(1) The public facilities newly constructed in the process of carrying out an electric power source development project by the an electric power source developer shall be vested in the State or a local government which will manage the facilities, at no cost, and, in cases where the use of public facilities discontinues due to the replacement of existing public facilities by new public facilities, the properties of the State or local government shall be vested in the electric power source developer at no cost; provided, in cases where the value of the properties that shall be vested in the electric power source developer exceeds the construction cost of the public facilities that the electric power source developer newly installs, the State or local government shall transfer the excessive portion to the electric power source developer for value.
(2) An electric power source developer shall notify the kinds and a detailed list of the properties that shall be vested in the electric power source developer and the public facilities that shall be vested in the State or a local government under paragraph (1) to the office of administration upon completion of the construction work.
(3) When an electric power source developer notifies the kinds and a detailed list for public facilities and properties to the office of administration under paragraph (2), the public facilities concerned shall be vested in the State or a local government, while the properties concerned shall be vested in the electric power source developer.
(4) In cases of registration of properties and public facilities under paragraph (1), document certifying the grounds for registration under the Registration of Real Estate Act may be substituted by the authorization letter for as execution plan, approval letter for modification thereto and notification letter under paragraph (2).
[This Article Wholly Amended on Jan. 30, 2009]
Article 15(Subsidization of funds) #
Government may subsidize part of the expenses incurred by an electric power source developer, if necessary for the smooth execution of an electric power source development project.
[This Article Wholly Amended on Jan. 30, 2009]
Article 16(Service by publication) #
In cases an electric power source development project is unable to send documents to persons interested in the execution of an electric power source development project due to the unknown address or residence of the interested persons, or other reasons, the procedure may be substituted by service by publication as prescribed by Presidential Decree.
[This Article Wholly Amended on Jan. 30, 2009]
Article 17 #
Deleted. <Jan. 30, 2009>