ENERGY USE RATIONALIZATION ACT

영문법령 불러오는 중…

ENERGY USE RATIONALIZATION ACT — 법갈피

Article 7(Measures for Stabilization of Supply and Demand) #

(1) In order to prepare for supply and demand disruptions of energy due to any change in domestic and foreign energy circumstances, the Minister of Trade, Industry and Energy may hold major energy users and energy suppliers prescribed by Presidential Decree responsible for securing energy storage facilities and storing energy. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(2) If it is deemed that any major disruption in the supply of and demand for energy occurs or might occur due to any change in domestic and foreign energy circumstances, the Minister of Trade, Industry and Energy may adjust the following matters, issue an order to energy users, energy suppliers or owners and managers of energy-using machinery, equipment, or materials, or take other necessary measures, to the extent necessary for stabilizing the supply of and demand for energy: <Amended on Feb. 29, 2008; Mar. 23, 2013>

1. Allotment of energy by area and by major demander and supplier;

2. Operation of energy supply facilities;

3. Reserve and storage of energy;

4. Introduction, export, import, and consignment processing of energy;

5. Exchange or distribution of energy among energy suppliers;

6. Distribution facilities of energy, the use of such facilities, and distribution channels;

7. Distribution of energy;

8. Restriction or prohibition on the transfer of energy;

9. Matters prescribed by Presidential Decree, such as timing and method of using energy and the restriction or prohibition on the use of energy-using machinery, equipment, or materials;

10. Other matters prescribed by Presidential Decree to stabilize the supply of and demand for energy.

(3) The Minister of Trade, Industry and Energy may request the heads of the relevant administrative agencies or local governments to provide any cooperation necessary for executing the measures referred to in paragraph (2), and the heads of the administrative agencies or local governments shall comply therewith. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(4) If it is deemed that the cause for which a measure under paragraph (2) is taken ceases to exist, the Minister of Trade, Industry and Energy shall cancel such measure without delay. <Amended on Feb. 29, 2008; Mar. 23, 2013>

Article 10(Consultation on Energy Use Plans) #

(1) Any person who intends to execute a project or install facilities using energy in a specific or larger scale prescribed by Presidential Decree, such as urban development projects and industrial complex development projects, (hereinafter referred to as "project supervisor") shall assess the impact of executing such project or installing such facilities on the supply of and demand for energy and the greenhouse gas (referring to carbon dioxide only) emissions due to the consumption of energy, shall formulate plans to supply required energy and plans on the rational use of energy and the evaluation thereof (hereinafter referred to as "energy use plan"), and shall submit them to the Minister of Trade, Industry and Energy before such project is executed or such facilities are installed. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(2) The Minister of Trade, Industry and Energy shall consult with persons falling under each subparagraph of Article 8 (1) (hereinafter referred to as "public project supervisor"), among project supervisors, on the energy use plans submitted under paragraph (1) and may seek opinions from persons, other than public project supervisors (hereinafter referred to as "private project supervisor"). <Amended on Feb. 29, 2008; Mar. 23, 2013>

(3) Paragraphs (1) and (2) shall also apply where project supervisors intend to modify matters prescribed by Presidential Decree, including the energy demand forecast or energy supply plans, from among the energy use plans submitted under paragraph (1).

(4) Project supervisors may allow a person capable of establishing energy use plans, such as any national or public research institute and Government-contributed research institute, to establish energy use plans on their behalf.

(5) Details of energy use plans, procedures for holding consultations or seeking opinions, requirements for acting institutions under paragraphs (1) through (4), and other necessary matters shall be prescribed by Presidential Decree.

(6) The Minister of Trade, Industry and Energy shall determine and publicly notify standards for calculating costs incurred in establishing energy use plans by proxy under paragraph (4). <Amended on Feb. 29, 2008; Mar. 23, 2013>

Article 15(Designation of Efficiency Management Machinery, Equipment, or Materials) #

(1) If deemed necessary for the rationalization of energy use, the Minister of Trade, Industry and Energy may determine and publicly notify the following matters with respect to energy-using machinery, equipment, or materials (limited to machinery, equipment, or materials which consume a considerable quantity of energy) or energy-related machinery, equipment, or materials (referring to machinery, equipment, or materials which do not consume energy, but contribute to energy conservation, such as the prevention of heat loss by its structure and quality of material; hereinafter the same shall apply) which are widely distributed, and which are prescribed by Ordinance of the Ministry of Trade, Industry and Energy (hereinafter referred to as "efficiency management machinery, equipment, or materials"): Provided, That in cases of determining to be the machinery, equipment, or materials which are installed and used constantly for a building under Article 2 (1) of the Building Act and the efficiency management machinery, equipment, or materials with motor vehicle parts under Article 29 (2) of the Motor Vehicle Management Act among the energy-related machinery, equipment, or materials, he or she shall jointly determine and publicly notify the following matters through consultation with the Minister of Land, Infrastructure and Transport: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 30, 2013>

1. Standards for target energy efficiency or target quantity consumed;

2. Standards for minimum energy efficiency or maximum quantity consumed;

3. Indication of energy efficiency or quantity consumed;

4. Indication of energy efficiency rating standards and energy efficiency ratings;

5. Methods for measuring energy efficiency or quantity consumed;

6. Other matters necessary for the management of efficiency management machinery, equipment, or materials, which are prescribed by Ordinance of the Ministry of Trade, Industry and Energy.

(2) Testing institutions designated by the Minister of Trade, Industry and Energy (hereinafter referred to as "efficiency management testing institutions") shall measure the amounts of energy used by the relevant efficiency management machinery, equipment, or materials, and manufacturers or importers of efficiency management machinery, equipment, or materials shall indicate energy efficiency rating or energy consumption efficiency on the relevant efficiency management machinery, equipment, or materials: Provided, That any manufacturer or importer equipped with testing facilities and specialized personnel determined and publicly notified by the Minister of Trade, Industry and Energy, who has obtained approval from the Minister of Trade, Industry and Energy, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, may substitute the measurement of efficiency management testing institutions with self-measurement. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(3) Any manufacturer or importer of efficiency management machinery, equipment, or materials shall report outcomes of measurement under paragraph (2) to the Minister of Trade, Industry and Energy, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(4) Where a manufacturer, importer, or seller of efficiency management machinery, equipment, or materials advertises efficiency management machinery, equipment, or materials via advertising media prescribed by Ordinance of the Ministry of Trade, Industry and Energy, he or she shall include energy efficiency ratings or energy efficiency under paragraph (2) in the details of advertisements. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(5) Efficiency management testing institutions shall be those accredited as laboratories under Article 23 of the Framework Act on National Standards, falling under any of the following: <Amended on Feb. 29, 2008; Mar. 23, 2013>

1. Testing or research institutes established by the State;

2. Specific research institutes under Article 2 of the Specific Research Institutes Support Act;

3. Institutions recognized by the Minister of Trade, Industry and Energy to be equally or more capable of administering a test compared to the research institutes specified in subparagraphs 1 and 2.

Article 17(Systems for Average Energy Efficiency) #

(1) With regard to the average energy efficiency computed by dividing the total sum of energy efficiency of each efficiency management machinery, equipment, or materials by the total number of items of relevant machinery, equipment, or materials, the Minister of Trade, Industry and Energy shall consult with the head of the related administrative agency on, and publicly notify the average energy efficiency to be observed by the person who manufactures or imports and sells machinery, equipment, or materials determined by Ordinance of the Ministry of Trade, Industry and Energy (hereafter in this Article referred to as "average efficiency management machinery, equipment, or materials"), for which it is deemed that an improvement of total energy efficiency is especially required, such as passenger vehicles provided for in Article 3 (1) of the Motor Vehicle Management Act. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(2) The Minister of Trade, Industry and Energy may order a person who manufactures, or imports and sells any average efficiency management machinery, equipment, or materials which fall short of the average energy efficiency publicly notified under paragraph (1) (hereinafter referred to as "standard for average energy efficiency"), to improve average energy efficiency within a fixed period: Provided, That this shall not apply to motor vehicles prescribed by Ordinance of the Ministry of Trade, Industry and Energy, such as passenger vehicles under Article 3 (1) of the Motor Vehicle Management Act. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 30, 2013>

(3) With respect to persons who fail to comply with an improvement order under paragraph (2), the Minister of Trade, Industry and Energy may publish the details thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(4) Any person who manufactures, or imports and sells average efficiency management machinery, equipment, or materials shall submit data concerning sales, which are recognized to be necessary for computing energy efficiency, and data concerning the measurement of efficiency to the Minister of Trade, Industry and Energy: Provided, That with respect to data concerning sales necessary for computing the average energy efficiency of motor vehicles, this shall not apply where the Minister of Environment provides the data to the Minister of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 30, 2013>

(5) The method of computing average energy efficiency, improvement period, procedures for complying with improvement order, method of publication, and other necessary matters shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013>

Article 17-2(Imposition of Penalty Surcharges) #

(1) Where a manufacturer or importer of motor vehicles who is supposed to comply with the standards for the efficiency of average energy consumption of motor vehicles under Article 32 (2) of the Framework Act on Carbon Neutrality and Green Growth for Coping with Climate Crisis fails to meet the standards for the efficiency of average energy consumption with respect to the motor vehicles prescribed by Ordinance of the Ministry of Trade, Industry and Energy, such as passenger vehicles under Article 3 (1) of the Motor Vehicle Management Act, the Minister of Environment may impose a penalty surcharge not exceeding the amount which is multiplied by 1/100 out of the sales amount prescribed by Presidential Decree depending on its level: Provided, That where this shall not apply where a manufacturer or importer of motor vehicles redeems the shortfall of constituents under Article 76-5 (2) of the Clean Air Conservation Act. <Amended on Sep. 24, 2021>

(2) Matters concerning application and management of the standards for the efficiency of average energy consumption of motor vehicles shall be governed by Article 76-5 of the Clean Air Conservation Act.

(3) The method of calculation, amount, timing for collection, and other necessary matters regarding penalty surcharges under paragraph (1) shall be prescribed by Presidential Decree. In such cases, the amount of penalty surcharges shall be determined to be the same level as the amount of penalty surcharges imposed for failing to comply with the permissible levels of greenhouse gas emissions from motor vehicles under Article 76-2 of the Clean Air Conservation Act.

(4) If any person who has received the disposition of imposition of a penalty surcharge pursuant to paragraph (1) fails to pay the penalty surcharge, the Minister of Environment shall collect it in the same manner as delinquent national taxes are collected.

(5) Penalty surcharges collected pursuant to paragraph (1) shall be deemed the revenue of a special account for environmental improvement under the Framework Act on Environmental Policy.

[This Article Newly Inserted on Jul. 30, 2013]

Article 19(Designation of Products Subject to Warning Signs of Standby Power) #

(1) The Minister of Trade, Industry and Energy shall determine and publicly notify the following matters, with respect to products prescribed by Ordinance of the Ministry of Trade, Industry and Energy which are especially required to satisfy the standards for the reduction of standby power under subparagraph 2 of Article 18 (hereinafter referred to as "products subject to warning signs of standby power"), so as to improve the efficiency of energy use through the reduction of standby power, from among the products subject to the reduction of standby power: <Amended on Feb. 29, 2008; Mar. 23, 2013>

1. The scope of application of each product subject to warning signs of standby power;

2. Indication of the products subject to warning signs of standby power;

3. Other matters necessary for the management of the products subject to warning signs of standby power, which are prescribed by Ordinance of the Ministry of Trade, Industry and Energy.

(2) Any manufacturer or importer of products subject to warning signs of standby power shall undergo measurement of products subject to warning signs of standby power by a testing institution (hereinafter referred to as "standby power testing institution") designated by the Minister of Trade, Industry and Energy: Provided, That any manufacturer or importer equipped with testing facilities or specialized personnel determined and publicly notified by the Minister of Trade, Industry and Energy, who has obtained approval from the Minister of Trade, Industry and Energy, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, may replace the measurement of standby power testing institutions by self-measurement. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(3) Any manufacturer or importer of the products subject to warning signs of standby power shall report outcomes of measurement under paragraph (2) to the Minister of Trade, Industry and Energy, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(4) Where the outcomes of measurement under paragraph (2) show that the relevant products fail to meet the standards for the reduction of standby power under subparagraph 2 of Article 18, any manufacturer or importer of the products subject to warning signs of standby power shall attach warning signs of standby power to such products.

(5) Any person who intends to be designated as a standby power testing institution under paragraph (2) shall meet all of the following requirements and apply for designation to the Minister of Trade, Industry and Energy, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: <Amended on Feb. 29, 2008; Mar. 23, 2013>

1. Any person who intends to be designated as a high-efficiency testing institution shall fall under any of the following:

(a) Testing or research institutes established by the State;

(b) Specific research institutes under Article 2 of the Specific Research Institutes Support Act;

(d) Institutions recognized by the Minister of Trade, Industry and Energy to be equally or more capable of administering a test compared to the research institutes referred to in items (a) and (b);

2. Any person who intends to be designated as a standby power testing institution shall have testing facilities or specialized personnel, which are determined and publicly notified by the Minister of Trade, Industry and Energy, for each product subject to the reduction of standby power.

Article 22(Certification of High-Efficiency Energy Machinery, Equipment, or Materials) #

(1) The Minister of Trade, Industry and Energy shall determine and publicly notify the following matters, with respect to energy-using machinery, equipment, or materials or energy-related machinery, equipment, or materials prescribed by Ordinance of the Ministry of Trade, Industry and Energy, the distribution of which needs to be promoted in light of their high efficiency in energy use (hereinafter referred to as "machinery, equipment, or materials subject to the certification of high-efficiency energy"): Provided, That where he or she intends to determine the machinery, equipment, or materials which are installed and used constantly for a building under Article 2 (1) of the Building Act and motor vehicle parts under Article 29 (2) of the Motor Vehicle Management Act as the machinery, equipment, or materials subject to the certification of high-efficiency energy, among energy-related machinery, equipment, or materials, he or she shall jointly determine and publicly notify the following matters through consultation with the Minister of Land, Infrastructure and Transport: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 30, 2013>

1. The scope of application by machinery, equipment, or materials subject to the certification of high-efficiency energy;

2. Standards, methods, and procedures for the certification of machinery, equipment, or materials subject to the certification of high-efficiency energy;

3. Methods for measuring the performance of machinery, equipment, or materials subject to the certification of high-efficiency energy;

4. Indication of the certification of machinery, equipment, or materials subject to the certification of high-efficiency energy, which show excellent efficiency in energy use (hereinafter referred to as "high-efficiency energy machinery, equipment, or materials");

5. Other matters necessary for the management of machinery, equipment, or materials subject to the certification of high-efficiency energy, prescribed by Ordinance of the Ministry of Trade, Industry and Energy.

(2) When any manufacturer or importer of machinery, equipment, or materials subject to the certification of high-efficiency energy intends to indicate that the relevant machinery, equipment, or materials are high-efficiency energy machinery, equipment, or materials, he or she shall undergo measurement by a testing institution designated by the Minister of Trade, Industry and Energy (hereinafter referred to as "high-efficiency testing institution"), as to whether the relevant energy-using machinery, equipment, or materials or energy-related machinery, equipment, or materials meet the standards for certification under paragraph (1) 2 and shall obtain certification from the Minister of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 30, 2013>

(3) Any person who intends to obtain the certification of high-efficiency energy machinery, equipment, or materials under paragraph (2) shall apply for certification to the Minister of Trade, Industry and Energy, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(4) When machinery, equipment, or materials subject to the certification of high-efficiency energy under paragraph (3) meet the standards for certification under paragraph (1) 2, the Minister of Trade, Industry and Energy shall grant certification to such machinery, equipment, or materials. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(5) No one, other than persons who have obtained certification under paragraph (4), may indicate that the relevant machinery, equipment, or materials subject to the certification of high-efficiency energy are high-efficiency energy machinery, equipment, or materials.

(6) The Minister of Trade, Industry and Energy may order persons falling under the subparagraphs of Article 8 (1) to preferentially purchase high-efficiency energy machinery, equipment, or materials, or may encourage factories, places of business, collective housing areas, etc. to install or use such machinery, equipment, or materials, where it is deemed necessary for promoting the distribution of high-efficiency energy machinery, equipment, or materials. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(7) Any person who intends to be designated as a high-efficiency testing institution under paragraph (2) shall meet all of the following requirements and apply for designation to the Minister of Trade, Industry and Energy, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: <Amended on Feb. 29, 2008; Mar. 23, 2013>

1. Any person who intends to be designated as a high-efficiency testing institution shall fall under any of the following:

(a) Testing or research institutes established by the State;

(b) Specific research institutes under Article 2 of the Specific Research Institutes Support Act;

(d) Institutions recognized by the Minister of Trade, Industry and Energy to be equally or more capable of administering a test compared to the research institutes referred to in items (a) and (b);

2. Any person who intends to be designated as a high-efficiency testing institution shall have testing facilities or specialized personnel, determined and publicly notified by the Minister of Trade, Industry and Energy, for each machinery, equipment, or material subject to the certification of high-efficiency energy.

(8) The Minister of Trade, Industry and Energy may exclude machinery, equipment, or materials deemed unnecessary for maintaining the machinery, equipment, or materials subject to the certification of high-efficiency energy from the machinery, equipment, or materials subject to the certification of high-efficiency energy in consideration of the technology level, diffusion level, etc. among the machinery, equipment, or materials subject to the certification of high-efficiency energy in accordance with the standards and procedures determined by Ordinance of the Ministry of Trade, Industry and Energy. <Newly Inserted on Jul. 30, 2013>

Article 31(Reporting by Excessive Energy-Consuming Business Entities) #

(1) Any person for whom the quantity of energy consumed is at least a standard quantity prescribed by Presidential Decree (hereinafter referred to as "excessive energy-consuming business entity") shall report the following matters to the Mayor/Do Governor having jurisdiction over the area where the relevant energy-using facilities are located, not later than January 31 each year, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 21, 2014>

1. The quantity of energy consumed and products manufactured on a quarterly basis in the previous year;

2. An estimated quantity of energy to be consumed and products to be manufactured on a quarterly basis in the relevant year;

3. The current status of energy-using machinery, equipment, or materials;

4. The outcomes of the rationalization of energy use on a quarterly basis in the previous year, and quarterly plans for the rationalization of energy use in the relevant year;

5. The current status of persons in charge of the affairs referred to in subparagraphs 1 through 4 (hereinafter referred to as "person in charge of energy management").

(2) Upon receipt of a report under paragraph (1), the Mayor/Do Governor shall notify the Minister of Trade, Industry and Energy thereof not later than the end of February each year. <Amended on Feb. 29, 2008; Mar. 23, 2013; Sep. 20, 2024>

(3) The Minister of Trade, Industry and Energy and the Mayor/Do Governor may request any of the following persons to submit data on the quantity of energy supplied to an excessive energy-consuming business entity, if necessary to confirm matters under each subparagraph of paragraph (1) that have been reported by the excessive energy-consuming business entity: <Newly Inserted on Jan. 21, 2014>

1. The Korea Electric Power Corporation under the Korea Electric Power Corporation Act;

2. The Korea Gas Corporation under the Korea Gas Corporation Act;

3. Urban gas business entities defined in subparagraph 2 of Article 2 of the Urban Gas Business Act;

4. Business entities defined in subparagraph 3 of Article 2 of the Integrated Energy Supply Act, and the Korea District Heating Corporation under Article 29 of that Act;

5. Other energy supply or management agencies prescribed by Presidential Decree.

Article 32(Energy Audit) #

(1) The Minister of Trade, Industry and Energy shall determine and publicly notify the standards for each section, necessary for the efficient management of energy (hereinafter referred to as "energy management standards") by any excessive energy-consuming business entity, after consulting with the head of the relevant administrative agency. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(2) An excessive energy-consuming business entity shall undergo an energy audit of its place of business conducted by a specialized energy audit institution (hereinafter referred to as "audit institution") designated by the Minister of Trade, Industry and Energy per period of at least three years, prescribed by Presidential Decree: Provided, That the same shall not apply to places of business falling under the scope prescribed by Ordinance of the Ministry of Trade, Industry and Energy, such as apartments and power plants, for which it is physically or technically impossible to make an energy audit or the effect of the energy audit is small. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 28, 2015>

(3) The Minister of Trade, Industry and Energy shall manage and supervise an audit institution, including requiring such institution to submit data concerning energy audit, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(4) The Minister of Trade, Industry and Energy may exempt an energy audit or reduce the frequency of energy audit, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, for any excessive energy-consuming business entity recognized as excellent in reducing energy consumption. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(5) If an energy audit finds that an excessive energy-consuming business entity fails to observe energy management standards, the Minister of Trade, Industry and Energy may give such business entity any guidance for implementation of energy management standards (hereinafter referred to as "energy management guidance"). <Amended on Feb. 29, 2008; Mar. 23, 2013>

(6) The Minister of Trade, Industry and Energy may fully or partially subsidize expenses incurred by an excessive energy-consuming business entity to undergo an energy audit. In such cases, the subject matters, size, and procedures of support shall be prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(7) The Minister of Trade, Industry and Energy may evaluate audit institutions and disclose the results thereof. In such cases, matters necessary for the standards and methods for evaluation, and disclosure of the results of evaluation shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Newly Inserted on Oct. 18, 2022>

(8) Standards for designation of an audit institution shall be prescribed by Presidential Decree, and procedures for designation of an audit institution and other necessary matters shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 18, 2022>

(9) The scope and methods of energy audit and other necessary matters shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 18, 2022>

Article 36-2(Designation of Heating and Cooling Temperature Restriction Buildings) #

(1) The Minister of Trade, Industry and Energy may designate any of the following buildings as a heating and cooling temperature restriction building by determining restrictions on heating or cooling temperatures or the period of restriction, when it is deemed necessary for saving energy and using energy in a rational manner: <Amended on Mar. 23, 2013>

1. Any building used by a person falling under the subparagraphs of Article 8 (1) for his or her business;

2. Any building where the quantity of energy used is at least the standard quantity prescribed by Presidential Decree, from among energy-using facilities of excessive energy-consuming business entities.

(2) Where the Minister of Trade, Industry and Energy has designated any heating and cooling temperature restriction building by determining restrictions on heating or cooling temperatures or the period of restriction under paragraph (1), he or she shall inform according to the following classification and publicly notify such fact: <Amended on Mar. 23, 2013>

1. Any building falling under paragraph (1) 1: Management institutions (referring to the head of the relevant institution, where no management institution exists; hereinafter the same shall apply) shall be notified thereof;

2. Any building falling under paragraph (1) 2: Excessive energy-consuming business entities shall be notified thereof.

(3) Any management institution of a building designated as a building restricting heating and cooling temperatures under paragraphs (1) and (2) (hereinafter referred to as "heating and cooling temperature restriction building") or any excessive energy-consuming business entity shall maintain and manage heating and cooling temperatures of the relevant building to ensure that such temperatures are in line with the restricted temperatures.

(4) The Minister of Trade, Industry and Energy may check whether the management institution of a heating and cooling temperature restriction building or any excessive energy-consuming business entity maintains or manages the heating and cooling temperatures of the relevant building within the scope of restricted temperatures or ascertain the actual status thereof. <Amended on Mar. 23, 2013>

(5) Matters necessary for the standards for determining restrictions on heating and cooling temperatures under paragraph (1), standards for the designation of a heating and cooling temperature restriction building, methods for checking under paragraph (4), and other matters shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013>

[This Article Newly Inserted on Jan. 30, 2009]

Article 39(Inspection of Machinery and Equipment Subject to Inspections) #

(1) Any manufacturer of machinery and equipment subject to inspection, which are prescribed by Ordinance of the Ministry of Trade, Industry and Energy among specific heat-using machinery and equipment (hereinafter referred to as "machinery and equipment subject to inspection"), shall undergo an inspection by the Mayor/Do Governor on the manufacture of such machinery and equipment subject to inspection. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(2) Any of the following persons (hereinafter referred to as "installer of machinery and equipment subject to inspections") shall undergo an inspection by the Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: <Amended on Feb. 29, 2008; Mar. 23, 2013>

1. A person who intends to install, or to use by reengineering, machinery and equipment subject to inspections;

2. A person who intends to use machinery and equipment subject to inspections by altering their place of installation;

3. A person who intends to reuse machinery and equipment subject to inspections after suspending their use.

(3) The Mayor/Do Governor shall deliver without delay an inspection certificate specifying the validity of the inspection to the manufacturer or installer of machinery and equipment subject to inspections, which have passed the inspection under paragraph (1) or (2).

(4) Any person who intends to continue to use machinery and equipment subject to inspections, the validity of inspection of which expires, shall undergo a reinspection by the Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(5) Machinery and equipment which fail to pass an inspection under paragraph (1), (2), or (4) shall not be used: Provided, That the Mayor/Do Governor may permit continued use of any machinery and equipment subject to inspections which fail to pass an inspection as to items in the details of the inspection under paragraph (4) prescribed by Ordinance of the Ministry of Trade, Industry and Energy, to the extent not to undermine the safety management and hazard prevention of such machinery and equipment subject to inspections, on condition that it should pass such inspection within the period prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(6) In any inspection under paragraphs (1), (2), and (4), the Mayor/Do Governor may fully or partially exempt an inspection, to the extent not to undermine the safety management and hazard prevention of machinery and equipment subject to inspections, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(7) In any of the following cases, an installer of machinery and equipment subject to inspections shall file a report to the Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: <Amended on Feb. 29, 2008; Mar. 23, 2013>

1. Where machinery and equipment subject to inspections have been destroyed;

2. Where the utilization of machinery and equipment subject to inspections has been suspended;

3. Where an installer of machinery and equipment subject to inspections has been changed;

4. Where machinery and equipment subject to inspections prescribed by Ordinance of the Ministry of Trade, Industry and Energy, among machinery and equipment subject to inspections, the inspection of which is fully or partially exempted under paragraph (6), have been installed.

(8) The details of and standards for the inspection of machinery and equipment subject to inspections and other necessary matters shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013>

Article 69(Delegation or Entrustment of Authority) #

(1) The Minister of Trade, Industry and Energy may delegate part of his or her authority under this Act to a Mayor/Do Governor, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(2) The Mayor/Do Governor may re-delegate part of his or her authority delegated under paragraph (1) to the head of a Si/Gun/Gu (to the head of a Gu refers to the head of an autonomous Gu) after obtaining approval thereof from the Minister of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013>

(3) The Minister of Trade, Industry and Energy or the Mayor/Do Governor may entrust the following affairs to the Agency, an organization of contractors, or institutions prescribed by Presidential Decree, as prescribed by Presidential Decree: <Amended on Feb. 29, 2008; Jan. 30, 2009; Mar. 23, 2013; Dec. 2, 2016; Apr. 17, 2018; Oct. 18, 2022>

1. Examination of an energy use plan under Article 11;

2. Checking of implementation and ascertainment of the actual status thereof under Article 12;

3. Receipt of reports on measurement results of efficiency management machinery, equipment, or materials under Article 15 (3);

4. Receipt of reports on measurement results of products subject to warning signs of standby power under Article 19 (3);

5. Receipt of reports on measurement results of products subject to the reduction of standby power under Article 20 (2);

6. Receipt of applications for the certification of high-efficiency energy machinery, equipment, or materials and the certification thereof under Article 22 (3) and (4);

7. Orders to cancel the certification of high-efficiency energy machinery, equipment, or materials or suspend the use of such certification under Article 23 (1);

8. Registration of enterprises specialized in energy saving under Article 25 (1);

9. Registration and management of the results of reducing greenhouse gas emissions under Article 29 (1);

10. Receipt of reports of excessive energy-consuming business entities under Article 31 (1);

11. Management and supervision of audit institutions under Article 32 (3);

12. Energy management guidance under Article 32 (5);

12-2. Evaluation of audit institutions and disclosure of the results thereof under Article 32 (7);

12-3. Checking of whether heating and cooling temperatures are properly maintained or managed or ascertainment of the actual status thereof under Article 36-2 (4);

13. Inspection of machinery and equipment subject to inspections, issuance of inspection certificates, and receipt of reports on the destruction, etc. of machinery and equipment subject to inspections under Article 39 (1) through (4) and (7);

13-2. Inspection of machinery and equipment subject to inspections and issuance of inspection certificates under Article 39-2 (1) and (2);

14. Receipt of reports on the appointment, dismissal, or retirement of managers of machinery and equipment subject to inspections, and approval for extensions of appointment periods of said managers, under Article 40 (3) and the proviso of paragraph (4) of that Article.

Article 78(Administrative Fines) #

(1) Any of the following persons shall be subject to an administrative fine not exceeding 20 million won: <Amended on Jul. 30, 2013; Oct. 31, 2017>

1. Any person who fails to indicate energy efficiency rating or energy efficiency in the relevant efficiency management machinery, equipment, or materials or gives a false indication, in violation of Article 15 (2);

2. Any excessive energy-consuming business entity who fails to undergo an energy audit, in violation of Article 32 (2);

3. Any person who fails to notify the Korea Energy Agency of the date, time, and other details of an accident or gives a false notice thereof, in violation of Article 40-2 (1).

(2) Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Amended on Jan. 30, 2009>

1. Any person who fails to submit energy use plans or altered energy use plans, in violation of Article 10 (1) or (3): Provided, That the project supervisor which is the State or a local government shall be excluded;

2. Any person who fails to comply with an improvement order under Article 34 without good cause;

3. Any person who refuses, obstructs, or evades an inspection under Article 66 (1).

(3) Any person who runs an advertisement which does not include the matters under Article 15 (4) shall be subject to an administrative fine not exceeding five million won: <Newly Inserted on Jan. 30, 2009; Jul. 30, 2013>

1. Deleted; <Jul. 30, 2013>

2. Deleted. <Jul. 30, 2013>

(4) Any of the following persons shall be subject to an administrative fine not exceeding three million won: Provided, That in cases falling under subparagraphs 1, 4 through 6, 8, 9, and 9-2 through 9-4, the State or local governments shall be excluded: <Amended on Jan. 30, 2009; Jan. 28, 2015>

1. Any person who violates any adjustment, order, or other necessary measures concerning the restriction or prohibition on the use of energy prescribed in Article 7 (2) 9;

2. Any person who fails to submit a demand management investment plan and the outcomes of implementation thereof without good cause, in violation of Article 9 (1);

3. Any person who fails to implement a demand management investment plan after correcting or supplementing such plan, in violation of Article 9 (2);

4. Any public project supervisor who refuses or fails to comply with a request for necessary measures prescribed in Article 11 (1) without good cause;

5. Any project supervisor who refuses a request for presentation of related materials as prescribed in Article 11 (2) without good cause;

6. Any project supervisor who refuses, obstructs, or evades the checking of implementation or the ascertainment of the actual status thereof under Article 12 without good cause;

7. Any person who fails to submit data or submits false data, in violation of Article 17 (4);

8. Any person who fails to preferentially purchase products excellent in the reduction of standby power or high-efficiency energy machinery, equipment, or materials without good cause, in violation of Article 20 (3) or 22 (6);

9. Any person who fails to submit a report under Article 31 (1) or submits a false report;

9-2. Any person who refuses, obstructs, or evades the checking of whether heating and cooling temperatures are maintained or managed or the ascertainment of the actual status thereof under Article 36-2 (4) without good cause;

9-3. Any person who fails to comply with a corrective order under Article 36-3 without good cause;

9-4. Any person who fails to submit a report under Article 39 (7) or 40 (3) or submits a false report;

10. Any person who uses the name "Korea Energy Agency" or any other name similar thereto, in violation of Article 50;

11. Any person who fails to receive education in violation of Article 65 (2) or fails to have other persons receive education in violation of paragraph (3) of that Article;

12. Any person who fails to submit a report under Article 66 (1) or submits a false report.

(5) Administrative fines under paragraphs (1) through (4) shall be imposed and collected by the Minister of Trade, Industry and Energy or the Mayor/Do Governor, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Jan. 30, 2009; Mar. 23, 2013>

(6) Deleted. <Jan. 30, 2009>

(7) Deleted. <Jan. 30, 2009>

(8) Deleted. <Jan. 30, 2009>

ENERGY USE RATIONALIZATION ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Responsibilities of the Government, Energy Users, and Energy Suppliers) #

Article 4(Master Plans for Rationalization of Energy Use) #

Article 5 #

Article 6(Implementation Plans for Rationalization of Energy Use) #

Article 7(Measures for Stabilization of Supply and Demand) #

Article 8(Measures for Efficient Use of Energy by the State and Local Governments) #

Article 9(Demand Management Investment Plans of Energy Suppliers) #

Article 10(Consultation on Energy Use Plans) #

Article 11(Examination of Energy Use Plans) #

Article 12(Post Management of Energy Use Plans) #

Article 13(Publicity for Rationalization of Energy Use) #

Article 14(Financial and Tax Support) #

Article 15(Designation of Efficiency Management Machinery, Equipment, or Materials) #

Article 16(Post Management of Efficiency Management Machinery, Equipment, or Materials) #

Article 17(Systems for Average Energy Efficiency) #

Article 17-2(Imposition of Penalty Surcharges) #

Article 18(Designation of Products Subject to Reduction of Standby Power) #

Article 19(Designation of Products Subject to Warning Signs of Standby Power) #

Article 20(Indication of Products Excellent in Reduction of Standby Power) #

Article 21(Post Management of Products Subject to Reduction of Standby Power) #

Article 22(Certification of High-Efficiency Energy Machinery, Equipment, or Materials) #

Article 23(Post Management of High-Efficiency Energy Machinery, Equipment, or Materials) #

Article 24(Cancellation of Designation as Testing Institutions) #

Article 25(Support for Enterprises Specialized in Energy Saving) #

Article 26(Revoking Registration of Enterprises Specialized in Energy Saving) #

Article 27(Restrictions on Registration of Enterprise Specialized in Energy Saving) #

Article 27-2(Joining Mutual Aid Cooperative by Enterprises Specialized in Energy Saving) #

Article 28(Support for Companies Which Conclude Voluntary Agreements) #

Article 28-2(Support for Energy Management System) #

Article 28-3(Support for Energy Control System) #

Article 29(Registration and Management of Records of Reduction of Greenhouse Gas Emissions) #

Article 30(Education and Training and Fostering of Personnel to Reduce Greenhouse Gas Emissions) #

Article 31(Reporting by Excessive Energy-Consuming Business Entities) #

Article 32(Energy Audit) #

Article 33(Cancellation of Designation as Audit Institutions) #

Article 34(Improvement orders) #

Article 35(Establishment of Target Energy Intensity) #

Article 35-2(Efficient Management of Built-In Energy-Using Machinery, Equipment, or Materials) #

Article 36(Utilization of Waste Heat) #

Article 36-2(Designation of Heating and Cooling Temperature Restriction Buildings) #

Article 36-3(Measures for Maintenance and Management of Heating and Cooling Temperatures of Buildings) #

Article 37(Specific Heat-Using Machinery and Equipment) #

Article 38(Request for Cancelling Registration of Business of Construction Execution) #

Article 39(Inspection of Machinery and Equipment Subject to Inspections) #

Article 39-2(Inspection of Imported Machinery and Equipment Subject to Inspection) #

Article 40(Appointment of Managers of Machinery and Equipment Subject to Inspections) #

Article 40-2(Notice and Investigation of Accidents Caused by Machinery and Equipment Subject to Inspections) #

Article 41(Establishment of Organization of Contractors) #

Article 42(Membership Qualification of Organizations of Contractors) #

Article 43(Proposal and Advice) #

Article 44(Application Mutatis Mutandis of the Civil Act) #

Article 45(Establishment of the Korea Energy Agency) #

Article 46(Legal Personality) #

Article 47(Office) #

Article 48(Articles of Incorporation) #

Article 49(Registration of Incorporation) #

Article 50(Prohibition on Use of Similar Name) #

Article 51(Executive Officers) #

Article 52 #

Article 53(Duties of Executive Officers) #

Article 54 #

Article 55 #

Article 56(Appointment or Dismissal of Employees) #

Article 57(Projects) #

Article 58(Liability for Expenses) #

Article 59(Borrowing of Funds) #

Article 60(Accounting) #

Article 61(Appropriation of Profits) #

Article 62(Guidance on and Supervision over Affairs) #

Article 63(Prohibition on Divulging Confidential Information) #

Article 64(Application Mutatis Mutandis of the Civil Act) #

Article 65(Education) #

Article 66(Reporting and Inspections) #

Article 67(Fees) #

Article 68(Hearings) #

Article 69(Delegation or Entrustment of Authority) #

Article 70(Legal Fiction as Public Officials for Purposes of Appying Penalty Provisions) #