ENFORCEMENT DECREE OF THE ELECTRIC UTILITY ACT

영문법령 불러오는 중…

ENFORCEMENT DECREE OF THE ELECTRIC UTILITY ACT — 법갈피

Article 4-2(Opinion gathering procedure for power generation project) #

(1) When a person who intends to conduct a power generation project intends to hear the opinions of residents on the contents of the power generation project pursuant to Article 7 (5) 5 of the Act, he or she shall publicly announce the following matters in a daily newspaper (In the case where the power plant is located on the border of an administrative district, including daily newspapers whose main supply area is another adjacent administrative district) whose main supply area is the area where the power plant is located and make sure that the contents of the power generation project should be made available to the residents for perusal:

1. Name, location, and size of the power generation project;

2. Major details of the power generation project (including the capacity of the electricity generation facilities, the scheduled date for commencement of the business, the period for business operation);

3. An applicant for a license for power generation projects (In cases of a corporation newly established for power generation projects, including the largest stockholder the number of stocks owned by the applicant on his or her own account regardless of whose name is the largest based on the total number of issued stocks with voting rights of the applicant)];

4. Period and method of submitting opinions.

(2) The public announcement under paragraph (1) shall be made by the date specified in each of the following classifications: <Amended on Dec. 31, 2024>

1. In cases of a project subject to environmental impact assessment under Article 22 of the Environmental Impact Assessment Act: 14 days before the date of filing an application for permission under Article 7 (1) of the Act;

2. In cases of a business that does not fall under subparagraph 1, but falls under any of the following: Seven days before the date of applying for permission under Article 7 (1) of the Act:

(a) Projects subject to small-scale environmental impact assessment under Article 43 of the Environmental Impact Assessment Act;

(b) Projects subject to marine use impact assessment pursuant to Article 13 of the Marine Use Impact Assessment Act;

(c) A project for the power generation of fuel cells under subparagraph 1 (b) of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy (limited to a project for the power generation of power generation facilities with a capacity exceeding 3,000 kilowatts);

(3) A person who has an opinion on the contents of a power generation project publicly announced pursuant to paragraph (1) may submit an opinion according to the period and method for submitting an opinion under subparagraph 4 of that paragraph.

[This Article Added on Sep. 29, 2020]

[Previous Article 4-2 moved to Article 4-3 <Sep. 29, 2020>]

Article 5(Acquisition of stocks subject to approval) #

If a person's acquisition of stocks of any electric utility business entity (excluding an electricity generation business entity with electricity generating capacity of 20,000 kilowatts or less; hereafter in this Article, the same shall apply) and of others with the intent to exercise actual control over the management of the electric utility business entity is likely to result in any of the following cases, the person shall obtain approval of the Minister of Climate, Energy and Environment pursuant to Article 10 (1) 3 of the Act: <Amended on Jul. 28, 2016; Oct. 1, 2025>

1. Where the number of stocks held by the principal or a person who has any of the following relationships with the principal (hereinafter referred to as "specially related persons") on account of either of them, no matter in whose name they are, reaches or exceeds 20/100 of the total number of outstanding voting stocks of an electric utility business entity, and becomes the largest stock holder:

(a) The relationship of a related person defined in Article 9 (1) 1 of the Financial Investment Services and Capital Markets Act;

(b) The relationship of a person who has agreed or arranged with the principal to do any of the following acts directly or through a third party (hereinafter referred to as "joint holdership"):

(i) Acquiring or disposing of stocks jointly or according to the intention of either party;

(ii) Acquiring stocks jointly or according to the intention of either party and then transferring to or acquiring the acquired stocks from each other (including a third party designated by the principal or the person with the joint holdership);

(iii) Exercising voting rights (including the right to instruct the exercise of voting rights) jointly or according to the intention of either party;

(iv) Making a decision, jointly or according to the intention of either party, on any important matter concerning management or business administration, such as restructuring, new investment, or the conclusion of an important contract;

2. Where the number of stocks held by the principal or a specially related persons on account of either of them, no matter in whose name they are, reaches or exceeds 20/100 of the total number of outstanding voting stocks of a corporation referred to in subparagraph 1, and becomes the largest stock holder,

3. Where the principal or a specially related person can exercise dominant control over the management of an electric utility business entity by doing any of the following:

(a) Appointing or removing the representative director of an electric utility business entity or appointing at least 50/100 of the total number of its directors;

(b) Exchanging personnel, including holding multiple positions concurrently by executive officers and employees of the principal or a specially related person and those of an electric utility business entity and transferring personnel between them;

(c) Exercising dominant control over any other important matter concerning management or business administration, such as the restructuring of an electric utility business entity, new investment, or the conclusion of any important contract;

4. Where the principal or a specially related person can exercise dominant control over the management of an electric utility business entity through a stockholder of the electric utility business entity or a specially related person of such stockholder by any method referred to in any item of subparagraph 3.

[This Article Wholly Amended on Jan. 15, 2015]

Article 5-3(Standards for dispositions by type of violation by electric utility business entities and standards for imposing surcharges) #

(1) The standards for dispositions by type of violation by an electronic utility business entity and the amount of a surcharge under Article 12 (1) and (5) 1 of the Act shall be as prescribed in Appendix 1-2.

(2) The standards for dispositions by type of violation by a new electronic utility business entity and the amount of a surcharge under Article 12 (2) and (5) 2 of the Act shall be as prescribed in Appendix 1-3.

(3) "Cases prescribed by Presidential Decree, such as temporary non-compliance with the standards for registration" in the proviso to Article 12 (2) 2 of the Act means any of the following cases: <Added on Aug. 6, 2024>

1. Where it fails to meet the standards for registration for the period not exceeding 30 days (90 days in the case of a micro enterprise defined in Article 2 of the Framework Act on Micro Enterprises) due to the death, disappearance, or retirement of any of its personnel under Appendix 1;

2. Where it fails to meet the standards for registration for the period not exceeding 30 days (90 days in the case of a micro enterprise defined in Article 2 of the Framework Act on Micro Enterprises) due to damage, breakdown, etc. of facilities under Appendix 1.

(4) The Minister of Climate, Energy and Environment may increase or reduce a period of business suspension or the amount of a surcharge by not more than 1/2 of the period of business suspension or the amount of a surcharge prescribed pursuant to paragraph (1) or (2), taking into consideration the motive, relevant facts, frequency, etc. of a violation. Even in such cases, the period of business suspension or the total amount of a surcharge so increased shall not exceed the period or amount prescribed in Article 12 (1), (2), or (5) of the Act. <Amended on Aug. 6, 2024; Oct. 1, 2025>

[This Article Added on Dec. 11, 2018]

[Moved from Article 5-2; previous Article 5-3 moved to Article 5-4 <Sep. 29, 2020>]

Article 5-5(Justification for refusal to supply electricity) #

"Good cause prescribed by Presidential Decree" in Article 14 of the Act means any of the following cases: <Amended on Dec. 26, 2017; Dec. 11, 2018; Mar. 30, 2021; Oct. 19, 2021; Mar. 21, 2023; Apr. 30, 2024; Aug. 6, 2024>

1. Where an electricity consumer who failed to pay electric rates by the due date fails again to pay the amount by the deadline specified in the terms and conditions of supply under Article 16 (4) of the Act (hereinafter referred to as "terms and conditions of supply");

1-2. Where an electricity consumer fails to pay electric rates by the deadline specified in the following terms and conditions or contracts:

(a) Terms and conditions of new electric utility business (excluding small-scale electricity brokerage business and integrated power plant business) under Article 16-2 of the Act;

(b) Contract for the supply of electricity concluded between an entity engaged in the renewable energy electricity supply business, an entity engaged in the renewable energy electricity storage and sales business, or an entity engaged in the business of supplying electricity to electric transmission constraint areas, and an electricity consumer under Article 16-5 (4) of the Act;

(c) Contract for the supply of electricity concluded between an electric sales business entity and an electricity consumer under Article 19 (1) 3;

2. Where a person requesting the supply of electricity proposes unreasonable terms and conditions or requests the supply of electricity by any other means without complying with reasonable terms and conditions set by an electric sales business entity, an electric vehicle charging business entity, an entity engaged in the renewable energy electricity supply business, an entity engaged in the renewable energy electricity storage and sales business, or an entity engaged in the business of supplying electricity to electric transmission constraint areas;

2-2. Where an electricity generation business entity [excluding an electricity generation business entity whom the Korea Power Exchange established pursuant to Article 35 of the Act (hereinafter referred to as the "Korea Power Exchange") instructs to supply electricity pursuant to Article 45 of the Act for the operation of the electric power system] suspends the supply of electricity as a measure necessary to maintain and conserve the environments appropriately pursuant to Article 5 of the Act;

3. Where an electricity consumer requests the supply of electricity not conforming to the quality of electricity under Article 18 (1) of the Act;

4. Where a person requests the supply of electricity during a period set for periodic repair and maintenance of an electric installation for power generation (Applicable only to electricity generation business entities);

4-2. Where any good cause occurs for interrupting or suspending the supply of electricity specified in any terms and conditions or contracts under the items of subparagraph 1-2, such as periodic inspection and repair of an electric installation;

5. Where a person who intends to use a large amount of electricity fails to request an electric sales business entity, in advance, by the time specified in any of the following, to supply electricity in such amount:

(a) If the estimated consumption is at least 5,000 kilowatts (Or 2,000 kilowatts in cases of a general business facility referred to in subparagraph 14 (b) of Appendix 1 of the Enforcement Decree of the Building Act) and not more than 10,000 kilowatts: By not later than one year before the scheduled date of consumption;

(b) If the estimated consumption is at least 10,000 kilowatts and not more than 100,000 kilowatts: By not later than two years before the scheduled date of consumption;

(c) If the estimated consumption is at least 100,000 kilowatts and not more than 300,000 kilowatts: By not later than three years before the scheduled date of consumption;

(d) If the estimated consumption is at least 300,000 kilowatts: By not later than four years before the scheduled date of consumption;

5-2. Where it is impracticable for an electric sales business entity to maintain the following standards due to the supply of electricity to a person who intends to use a large amount of electricity under subparagraph 5:

(a) Standards for maintaining the quality of electricity under Article 18 (1) of the Act;

(b) Standards for maintaining the credibility of electric power systems under Article 27-2 (1) of the Act;

6. Where a person requests the supply of electricity without undergoing a pre-use inspection of electric installations for general use under the main clause of Article 12 (1) of the Electrical Safety Management Act;

7. Where the head of a Si/Gun/Gu (The head of a gu means the head of an autonomous gu; hereinafter the same shall apply) or the head of any other administrative agency requests the suspension of electricity supply under Article 12 (9) of the Electrical Safety Management Act or other statutes;

8. Where it is impossible to supply electricity due to a natural disaster or any other emergency incident.

[This Article Added on Jul. 28, 2016]

[Moved from Article 5-4 <Sep. 29, 2020>]

Article 7-4(Scope of data requested to related agencies for cooperation) #

The scope of materials or information that electric sales business entities may request from the heads of related agencies pursuant to Article 17-2 (1) of the Act shall be as follows: <Amended on Apr. 11, 2023>

1. Article 7-4 (Scope of materials requested to related agencies for cooperation)

2. Matters relating to the application for benefits by, or registration of, any of the following persons, which are requested from the Minister of Health and Welfare or the head of a local government;

(a) Recipients of livelihood benefits, housing benefits, medical benefits, or education benefits under Article 7 (1) 1 through 4 of the National Basic Living Security Act;

(b) Any of the following persons among those in the second-lowest income bracket defined in subparagraph 10 of Article 2 of the National Basic Living Security Act:

(i) A person who receives self-support benefits under Article 5-5 (1) of the Enforcement Decree of the National Basic Living Security Act;

(ii) A person falling under subparagraph 3 (d) of Appendix 2 of the Enforcement Decree of the National Health Insurance Act;

(iii) A person who receives disability allowance under Article 49 (1) of the Act on Welfare of Persons with Disabilities;

(iv) A person who receives allowance for children with disabilities under Article 50 (1) of the Act on Welfare of Persons with Disabilities;

(v) A person eligible for support under Article 5 of the Single-Parent Family Support Act. In such cases, a person whose countable income defined in subparagraph 9 of Article 2 of the National Basic Living Security Act exceeds 50/100 of the standard median income defined in subparagraph 11 of that Article shall be included;

(c) A person determined as one in the second-lowest income bracket as a result of an investigation conducted under Article 24 (1) of the National Basic Living Security Act;

(d) Where a person with a significant disability under Article 2 (2) of the Enforcement Decree of the Act on Welfare of Persons with Disabilities among those registered as persons with disabilities under Article 32 of that Act;

3. Data on the current status of social welfare facilities defined in subparagraph 4 of Article 2 of the Social Welfare Services Act and data on permission or reporting with regard to the relevant facilities, which are requested from the Minister of Health and Welfare or the head of a local government;

4. Matters registered about the following persons, which are requested from the Minister of Patriots and Veterans Affairs:

(a) A person who has received a disability rating of Rating 1 through Rating 3 under Article 5 (5) of the Act on Compensation to Persons Associated with the May 18 Democratization Movement;

(b) A person whose disability rating is determined as Rating 1 through Rating 3 pursuant to Article 6-4 (1) of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State;

(c) A person of distinguished service to independence under Article 4 of the Act on the Honorable Treatment of Persons of Distinguished Services to Independence.

[This Article Added on Apr. 20, 2012]

[Moved from Article 7-3 <Apr. 30, 2024>]

Article 9(Types of and criteria for prohibited conduct) #

(1) The conduct provided in Article 21 (1) 1 of the Act shall be defined as the preparation and submission of false materials by an electricity generation business entity concerning a bidding price for, or the performance or technical features of, a power generator, causing the electricity trading price supplied by the electricity generation business entity to exceed a reasonable price.

(2) The conduct provided in Article 21 (1) 2 of the Act shall be defined as any of the following conduct related to a professional or technical matter concerning stable supply of electricity: <Amended on Mar. 23, 2013; Oct. 1, 2025>

1. Unfairly delaying or evading negotiations with a user of an electric installation on the use of such installation;

2. Unfairly discriminating against any user in charges for the use of an electric installation or terms and conditions of the use of such installation;

3. Refusing to provide services for the use of an electric installation or delaying such services, without good cause;

4. Refusing to maintain, or repair an electric installation provided for use, without good cause;

5. Any conduct prescribed by Decree of the Ministry of Climate, Energy and Environment as that of unfairly discriminating against a person in providing services for the use of an electric installation or delaying or evading the performance of the obligation to provide services for the use, similarly to that prescribed in subparagraphs 1 through 4.

(3) The conduct provided in Article 21 (1) 3 of the Act shall be defined as any of the following: <Amended on Mar. 23, 2013; Dec. 11, 2018; Oct. 1, 2025>

1. Intruding on business activities or interests of an electric utility business entity and a new electric utility business entity (hereinafter referred to as "electric utility business entity") by providing a third party with information acquired while providing services for the use of an electric installation, without consent of the electric utility business entity;

2. Placing an electric utility business entity at a disadvantage in determining charges for the use of an electric installation by the electric utility business entity by using information acquired while providing services for the use of the electric installation;

3. Any conduct prescribed by the Ministry of Climate, Energy and Environment as that of intruding on business activities or interests of another electric utility business entity by using information thereabout, similarly to that prescribed in subparagraphs 1 and 2.

(4) The conduct provided in Article 21 (1) 3 of the Act shall be defined as any of the following: <Amended on Mar. 23, 2013; Dec. 11, 2018; Oct. 1, 2025>

1. Determining electric rates or charges for the use of an electric installation, in breach of the Korea Financial Accounting Standards;

2. Determining unreasonable electric rates or charges for the use of an electric installation by paying a subsidy to other business or by other means, where a person concurrently operates electric utility business and other business or at least two electric utility business;

3. Any conduct prescribed by the Ministry of Climate, Energy and Environment as that of determining unreasonable electric rates or charges for the use of an electric installation, similarly to that prescribed in subparagraphs 1 and 2.

(5) The conduct provided in Article 21 (1) 5 of the Act shall be defined as any of the following: <Amended on Mar. 23, 2013; Oct. 1, 2025>

1. Refusing to supply electricity or suspending the supply of electricity, without good cause;

2. Delaying services, without good cause, upon receiving a request from an electricity consumer for services related to the supply of electricity;

3. Supplying electricity by any method breaching terms and conditions of supply or by any method not stipulated in terms and conditions of supply;

4. Placing any electricity consumer at a disadvantage by discriminating against the electricity consumer, without good cause;

5. Any conduct prescribed by Decree of the Ministry of Climate, Energy and Environment as that of severely harming interests of an electricity consumer, similarly to that prescribed in subparagraphs 1 through 4.

(6) The conduct provided in Article 21 (1) 6 of the Act shall be defined as any of the following: <Amended on Dec. 26, 2017>

1. The failure by an electricity generation business entity, electric transmission business entity, or electric distribution business entity to comply with an instruction given by the Korea Power Exchange with regard to the operation of the electric power system, without good cause;

2. The failure by an electric transmission business entity or electric distribution business entity performing services related to the operation of the electric power system pursuant to Article 45 (3) of the Act to comply with an instruction given by the Korea Power Exchange with regard to the operation of the electric power system within the specified period.

[This Article Wholly Amended on Nov. 20, 2009]

Article 17-2(Management of credibility of electric power systems) #

(1) The Minister of Climate, Energy and Environment shall always monitor the compliance of standards for maintaining the credibility of the electric power system under Article 27-2 (1) of the Act. <Amended on Oct. 1, 2025>

(2) Pursuant to Article 27-2 (3) of the Act, the Minister of Climate, Energy and Environment shall evaluate the following matters with respect to the Korea Power Exchange or electric utility business entities: <Amended on Aug. 18, 2015; Oct. 1, 2025>

1. The level of credibility maintained in the electric power system;

2. The following matters concerning the operation of the electric power system:

(a) A business plan and performance of the plan;

(b) Feasibility of a plan for the investment in electric installations;

(c) Appropriateness of self-inspections and management of electric installations, telecommunications systems, computer systems

(3) When the Minister of Climate, Energy and Environment intends to conduct an evaluation pursuant to paragraph (2), he or she shall notify the Korea Power Exchange and the relevant electric utility business entity of the following matters, by not later than 15 days before conducting the evaluation: <Amended on Oct. 1, 2025>

1. Items of the evaluation;

2. A list of materials required to be submitted.

(4) When an accident occurs affecting the maintenance of credibility of the electric power system, the Minister of Climate, Energy and Environment shall conduct an investigation pursuant to Article 27-2 (3) of the Act to analyze the causes of the accident and to prepare measures to prevent recurrence. <Amended on Aug. 18, 2015; Oct. 1, 2025>

(5) Pursuant to Article 27-2 (3) of the Act, the Minister of Climate, Energy and Environment shall publish the findings of the monitoring, evaluation, investigation of the maintenance of credibility of the electric power system on the website of the Korea Power Exchange. <Added on Aug. 18, 2015; Oct. 1, 2025>

(6) Except as provided in paragraphs (1) through (5), further details concerning the monitoring, evaluation, and investigation of the maintenance of credibility of the electric power system and the disclosure of findings thereof shall be separately determined by the Minister of Climate, Energy and Environment. <Amended on Aug. 18, 2015; Oct. 1, 2025>

[This Article Added on Apr. 24, 2014]

Article 19(Electricity trading) #

(1) "Cases prescribed by Presidential Decree, including islands" in the proviso of Article 31 (1) of the Act means the following: <Amended on Jan. 12, 2021; Oct. 19, 2021; Mar. 21, 2023; Apr. 30, 2024; Jul. 29, 2025; Oct. 1, 2025>

1. Where electricity is traded in islands not connected to the electric power system operated by the Korea Power Exchange;

2. Where an entity engaged in new and renewable energy power generation business defined in subparagraph 5 of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy (hereinafter referred to as "entity engaged in new and renewable energy power generation business") trades the electricity that it produces using an electric power generating installation with a capacity not exceeding 1,000 kilowatts;

3. Where an entity engaged in new and renewable energy power generation business which satisfies the requirements determined and publicly notified by the Minister of Climate, Energy and Environment (excluding any person who has established electric installations for private use; hereafter in this subparagraph and subparagraph 4, the same shall apply) supplies to an electric sales business entity the electricity that it produces using an electric power generation installation with a capacity exceeding 1,000 kilowatts (The sum of the electricity generating capacity, if at least two entities engaged in new and renewable energy power generation business jointly supply the same; hereafter in subparagraph 4, the same shall apply), and the electric sales business entity trades such electricity by supplying it to electricity consumers who meet the requirements determined and publicly notified by the Minister of Climate, Energy and Environment;

4. Where an entity engaged in new and renewable energy power generation business which meets the requirements determined and publicly notified by the Minister of Trade, Industry, Energy supplies the electricity that it produces using an electric power generation installation to an entity engaged in renewable energy electricity supply business, which falls under any of the following:

(a) Supplying electricity generated by using an electric power generation installation with a capacity in excess of 1,000 kilowatts;

(a) Supplying electricity generated by using an electric power generation installation with a capacity not exceeding 1,000 kilowatts without electric installations for transmission or distribution of electric power;

(b) Supplying electricity generated by using an electric power generation installation with a capacity not exceeding 1,000 kilowatts without electric installations for transmission or distribution of electric power;

6. Where a renewable energy power generation business entity that meets the requirements determined and publicly notified by the Minister of Climate, Energy and Environment (referring to a person who engages in electricity generation business using renewable energy among new and renewable energy power generation business entities; hereinafter the same shall apply) supplies electricity generated using power generation facilities exceeding 1,000 kilowatts (5,000 kilowatts in cases of supplying electricity for transmission or distribution without electric installations for transmission or distribution) to a renewable energy electricity storage and sales business entity;

7. Where a renewable energy power generation business entity that meets the requirements determined and publicly notified by the Minister of Climate, Energy and Environment supplies electricity generated using power generation facilities to an electric vehicle charging business entity.

(2) "Cases prescribed by Presidential Decree" in the proviso of Article 31 (2) of the Act means cases that fall under any of the following subparagraphs: <Amended on Mar. 2, 2017; Mar. 30, 2021; Jan. 7, 2025>

1. Where a person who has a solar energy system put in place trades electricity left over after being consumed by the person out of electricity generated by such system;

2. Where a person who has any system other than a solar energy system (in cases of systems using coal as their energy source, such systems shall be limited to those for which an application for, or a report on, a plan for works for establishment or alteration is filed by February 28, 2017 pursuant to the former part of Article 8 (1) or of Article 8 (2) of the Electrical Safety Management Act) put in place trades less than 30 percent of the annual gross production of electricity generated by the relevant system.

(3) The procedures for electricity trading among electricity generation business entities, electric sales business entities, electricity users, and persons who have established electricity installations for private use under Article 31 (1) and (2) of the Act and other necessary matters shall be determined and publicly notified by the Minister of Climate, Energy and Environment. <Amended on Mar. 23, 2013; Jan. 12, 2021; Oct. 1, 2025>

(4) Pursuant to Article 31 (3) of the Act, a district electric business entity may trade electricity in the electricity market in any of the following cases: <Amended on Mar. 23, 2013; Mar. 21, 2023; Oct. 1, 2025>

1. A shortage or surplus of electricity compared to the demand of the particular supply district, based on the licensed capacity of supply;

2. A shortage of electricity compared to the demand of a particular supply district due to failure, a periodic inspection, or repair of power generators or any other event;

3. A shortage of electricity compared to the demand of a particular supply district with electricity produced by a person referred to Article 59-2, where such person curtails the operation of power generators due to a decrease in the demand for heat in the particular supply district during the period prescribed by Decree of the Ministry of Climate, Energy and Environment.

(5) "Electricity generation business entity with a scale not exceeding that determined by Presidential Decree" in Article 31 (4) 1 of the Act means an electricity generation business entity whose electric installation has a capacity not exceeding 20,000 kilowatts.

(6) "Person prescribed by Presidential Decree" in the main clause of Article 31 (5) of the Act means a demand response management service provider prescribed in Appendix 1 of the Enforcement Decree of the Smart Grid Construction and Utilization Promotion Act (hereinafter referred to as "demand management service provider"). <Added on Nov. 19, 2014>

(7) Where a demand management service provider who belongs to a business group subject to limitations on cross-shareholding, as referred to in Article 9 (1) of the Monopoly Regulation and Fair Trade Act, (Hereafter in this paragraph referred to as "business group") trades electricity pursuant to the main clause of Article 31 (5) of the Act, the ratio of the amount of electricity traded under subparagraph 1 to the sum of electricity traded under subparagraphs 1 and 2 shall not exceed 30/100: <Added on Nov. 19, 2014>

1. The amount of electricity traded, which has been procured by reducing the consumption of electricity (referring to reduction in accordance with an instruction given by the Korea Power Exchange to a demand management service provider under Article 45 (1) of the Act to reduce the consumption of electricity for the operation of the electric power system; hereinafter the same shall apply) by electricity consumers (excluding the relevant demand management service provider) inside the business group to which the demand management service provider belongs;

2. The amount of electricity traded, which has been procured by reducing the consumption of electricity by electricity consumers outside the business group to which the demand management service provider belongs.

[This Article Wholly Amended on Nov. 20, 2009]

Article 20-4(Approval of agreement on compensation for difference) #

(1) An agreement entered into by an electricity generation business entity and an electricity purchaser on compensation for difference pursuant to the main clause of Article 34 (2) of the Act shall include the following:

1. Parties to the agreement;

2. The following matters related to terms and conditions of the agreement:

(a) The base price:

(b) Generators subject to the agreement on compensation for difference;

(d) The term of agreement;

3. Rights and obligations of parties to the agreement;

4. The methods and procedures for the settlement of payments.

(2) An electricity generation business entity and an electricity purchaser who intend to obtain approval from the Minister of Climate, Energy and Environment pursuant to the former part of Article 34 (3) of the Act shall jointly apply for the approval to the Minister of Climate, Energy and Environment, by not later than three months before the beginning of the term of agreement, in the approval application form prescribed by Decree of the Ministry of Climate, Energy and Environment, along with documents proving the matters referred to in the subparagraphs of paragraph (1); provided, if the Minister of Climate, Energy and Environment determines that it is impracticable to file an approval application by not later than three months before the beginning of the term of agreement, due to special circumstances, he or she may extend the deadline for application by one month only once. <Amended on Oct. 1, 2025>

(3) An electricity generation business entity and an electricity purchaser who intend to apply for modified approval pursuant to the latter part of Article 34 (3) of the Act shall jointly apply for approval of the modification within one month of the date an event requiring the modification occurs, in the application form for modified approval, prescribed by Decree of the Ministry of Climate, Energy and Environment, along with documents proving the relevant modifications. <Amended on Oct. 1, 2025>

(4) Upon receiving an application for approval under paragraph (2), the Minister of Climate, Energy and Environment shall determine whether to grant approval and shall notify the electricity generation business entity and the electricity purchaser of his or her determination before the beginning of the relevant term of agreement. <Amended on Oct. 1, 2025>

(5) The Minister of Climate, Energy and Environment may determine and publicly notify detailed matters necessary for the conclusion and approval of an agreement on compensation for difference, including terms and conditions to be contained in an agreement on compensation for difference. In such cases, the Minister of Climate, Energy and Environment may seek opinions from the heads of related central administrative agencies as necessary. <Amended on Oct. 1, 2025>

[This Article Added on Nov. 19, 2014]

Article 25(Implementation of projects for creating foundations for electric power industry) #

(1) The Minister of Climate, Energy and Environment may authorize an electric utility business entity, the Korea Power Exchange, or a person referred to in the subparagraphs of Article 16 (hereinafter referred to as "implementing agency") to perform services related to the implementation of projects for creating a foundation for the electric power industry under Article 24 (2) 1. <Amended on Mar. 23, 2013; Oct. 1, 2025>

(2) The Minister of Climate, Energy and Environment may authorize an agency designated by him or her (hereinafter referred to as "agency with overall responsibility for planning, management, and evaluation") to perform such services as planning, management, and evaluation in relation to the implementation of projects performed for creating a foundation for the electric power industry pursuant to paragraph (1). <Amended on Mar. 23, 2013; Oct. 1, 2025>

(3) When a research and development project for the electric power industry under subparagraph 5 of Article 49 of the Act (hereinafter referred to as "research and development project"), among projects for creating a foundation for the electric power industry, is completed, the implementing agency may use achievements of the project directly or may grant another person a license to use them upon an application.

(4) When the implementing agency uses achievements directly or grants a license to use them to another person under paragraph (3), it shall pay royalties to the agency with overall responsibility for planning, management, and evaluation in accordance with the agreement made under Article 26 (1). In such cases, the agency with overall responsibility for planning, management, and evaluation shall contribute the royalties so received to the Fund for the Promotion of Development and Commercialization of Industrial Technology under Article 37-2 of the Industrial Technology Innovation Promotion Act. <Amended on Dec. 26, 2017>

(5) The persons eligible for participating in projects for creating a foundation for the electric power industry under paragraph (1) and matters related to the planning, management, and evaluation under paragraph (2) shall be determined and publicly notified by the Minister of Climate, Energy and Environment. <Amended on Mar. 23, 2013; Oct. 1, 2025>

[This Article Wholly Amended on Nov. 20, 2009]

Article 38(Entrustment of affairs for operation and management of Fund) #

(1) "Corporation or organization determined by Presidential Decree" in Article 52 (2) of the Act means the following:

1. An agency with overall responsibility for planning, management, and evaluation;

2. An electric utility business entity;

3. A financial company

(2) When the Minister of Climate, Energy and Environment intends to lend loans from the Fund to the projects implemented pursuant to Article 49 of the Act, he or she shall lend the Fund to financial companies for operation. In such cases, matters necessary for lending loans, including interest on loans, shall be determined in consultation with the Minister of Economy and Finance. <Amended on Mar. 23, 2013; Oct. 1, 2025>

(3) When the Minister of Climate, Energy and Environment entrusts part of affairs for the operation and management of the Fund pursuant to Article 52 (2) of the Act, he or she may appoint an executive officer responsible for revenue of the Fund and an executive officer responsible for encumbrances of the Fund, from among executive officers of the entrusted entity, and an employee in charge of disbursement of the Fund and an employee in charge of accounting of the Fund, from among its employees. In such cases, the executive officer responsible for revenue of the Fund shall perform duties as a fund revenue collection officer; the executive officer responsible for encumbrances of the Fund as a fund finance officer; the employee in charge of disbursement of the Fund as a fund disbursement officer; and the employee in charge of accounting of the Fund as a fund accounting officer, respectively. <Amended on Mar. 23, 2013; Oct. 1, 2025>

(4) The terms and conditions and the procedures for granting subsidies from the Fund and detailed matters necessary for the operation and management of the Fund, including follow-up management, shall be determined and publicly notified by the Minister of Climate, Energy and Environment. <Amended on Mar. 23, 2013; Oct. 1, 2025>

[This Article Wholly Amended on Nov. 20, 2009]

Article 39-2(Application for adjudication) #

(1) Any person who intends to apply for adjudication pursuant to Article 57 (1) of the Act shall file an application for adjudication with the Electricity Regulatory Commission, along with information and documents on the following matters: <Amended on Mar. 23, 2013; Oct. 1, 2025>

1. Names and addresses of parties and their representatives or representative parties;

2. Claims in the application for adjudication and reasoning therefor;

3. Details of the relevant dispute;

4. Progress of negotiations between the parties;

5. Other documents that the Minister of Climate, Energy and Environment deems necessary, including terms and conditions of use and copies of agreements between the parties.

(2) If the content of an application filed for adjudication pursuant to paragraph (1) is insufficient or unclear, the Electricity Regulatory Commission may require the applicant to supplement the application within a reasonable period specified by the Electricity Regulatory Commission, and it may reject an application for adjudication, clearly stating the reason why it is rejected, if the party fails to supplement the application within such period.

(3) If the subject matter of an application for adjudication is ineligible for adjudication or an application for adjudication is not legitimate, the Electricity Regulatory Commission shall reject the application for adjudication and notify the party of the reason why it is rejected.

(4) Upon receiving an application for appraisal from a party, a party's representative or a representative party, the Electricity Regulatory Commission may request appraisal to an appropriate institution or expert specializing in the matter subject to appraisal if it deems necessary. In such cases, allowances, travel expense, and other necessary expenses incurred to the appraiser in appraisal and appearance in proceedings shall be borne by the person who applies for appraisal.

(5) Except as provided in paragraphs (1) through (4), matters necessary for filing an application for adjudication with the Electricity Regulatory Commission shall be determined and publicly notified by the Minister of Climate, Energy and Environment. <Amended on Mar. 23, 2013; Oct. 1, 2025>

[This Article Added on Sep. 30, 2011]

Article 62(Delegation and entrustment of authority) #

(1) The Minister of Environment shall delegate the following authority to the heads of watershed environmental management offices or the heads of regional environmental management offices (hereinafter referred to as the "head of a regional environmental management agency") pursuant to Article 98 (1) of the Act: <Amended on Mar. 23, 2013; Sep. 29, 2020; Jan. 5, 2021; Oct. 1, 2025>

1. Authority for the following services with regard to electricity generation business whose electricity generation plant has a capacity not exceeding 3,000 kilowatts:

(a) Issuing licenses for electric utility business under Article 7 (1) of the Act;

(b) Receipt of reports on the designation or extension of the period for preparation or on the commencement of business under Article 9 of the Act;

(c) Approval, public announcement of the acquisition of the electric utility business or a division or merger of a corporation which is an electric utility business entity under Article 10 of the Act;

(d) Revocation of a business license, suspension of a business, reduction of a business zone, or imposition, collection of a surcharge under Article 12 of the Act;

(e) Hearings under Article 13 of the Act;

(f) An order to suspend business under Article 31-2 (2) of the Act and a decision on postponement of an order to suspend business under paragraph (3) of that Article;

2. The following authority on distribution lines of power generation facilities with an installed capacity of less than 10,000 kilowatts, power transmission and substation facilities with a voltage of less than 200,000 volts, or utility tunnels with a voltage of 10,000 volts or more (referring to underground installation facilities that jointly accommodate underground facilities such as electricity, gas, and water supply facilities, communication facilities, and sewage facilities) and electricity tunnels (referring to underground facilities for installing electricity-related facilities):

(a) Receipt of reports on a work plan or a modification of a work plan under Article 61 (3) of the Act;

(b) Issuance of orders to meet technical standards under Article 71 of the Act;

3. Receipt of reports on the work under Article 61 (4) of the Act for an electric installation with a capacity less than 10,000 kilowatts;

4. Deleted. <Mar. 30, 2021>

5. Imposition and collection of administrative fines related to matters for which the authority has been delegated to a Mayor/Do Governor pursuant to subparagraph 1 (b), among administrative fines that may be imposed and collected under Article 108 (2) 1 of the Act.

(2) Deleted; <Mar. 30, 2021>

(3) Pursuant to Article 98 (2) of the Act, the Minister of Climate, Energy and Environment or a relevant Mayor/Do Governor shall entrust the following duties to the Korea Electrical Safety Corporation under Article 30 of the Electrical Safety Management Act: <Amended on Mar. 23, 2013; Mar. 30, 2021; Oct. 1, 2025>

1. Deleted; <Mar. 30, 2021>

2. Inspection of electric installations under Article 63 of the Act;

3. Permitting temporary use of an electric installation under Article 64 of the Act;

4. Deleted. <Mar. 30, 2021>

(4) Deleted. <Mar. 30, 2021>

(5) Pursuant to Article 98 (4) of the Act, the Minister of Climate, Energy and Environment shall entrust duties related to survey and research on technical standards under Article 67 of the Act and review of amendments to the technical standards to corporations or organizations designated and publicly notified by the Minister of Climate, Energy and Environment, among corporations or organizations related to safety management of electric installations and deemed capable of performing such duties. <Amended on Mar. 23, 2013; Oct. 1, 2025>

(6) Pursuant to Article 98 (5) of the Act, the Minister of Climate, Energy and Environment shall entrust the following duties to the institution or organization specified in each subparagraph: <Added on Dec. 11, 2018; Aug. 6, 2024; Oct. 1, 2025>

1. Receipt of registration of new electric utility businesses and modifications in such registration under Article 7-2 (1) and (4) of the Act: Any of the following institutions or organizations:

(a) Acceptance of registration of businesses of supplying electricity to electric transmission constraint areas and receipt of modifications in such registration: Korea Power Exchange;

(b) Acceptance of registration of other new electric utility businesses and receipt of modifications in such registration: The Smart Grid Association under Article 20 of the Smart Grid Construction and Utilization Promotion Act;

2. Receipt of reports on terms and conditions under Article 16-2 (1) of the Act and on modifications in such terms and conditions: Korea Power Exchange.

[This Article Wholly Amended on Nov. 20, 2009]

Article 62-3(Management of personally identifiable information) #

(1) If the Minister of Climate, Energy and Environment (including persons to whom the authority of the minister of Climate, Energy and Environment is delegated pursuant to Article 98 (1) of the Act) deems essential to execute the following administrative work, he or she may process data containing a resident registration number or an alien registration number referred to in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Amended on Apr. 30, 2024; Oct. 1, 2025>

1. Business affairs relating to the issuance of an electric utility license or a modified license under Article 7 (1) of the Act;

2. Business affairs relating to checking the reason for disqualification of an applicant for electric utility license under Article 8 of the Act;

3. Administrative work for approving the acquisition of an electric utility business or a division or merger of a corporation which is an electric utility business entity under Article 10 of the Act;

4. Administrative work for succession to business under Article 11 (1) and (2) of the Act;

5. Administrative work for imposing and collecting surcharges under Article 12 (4) and (6) of the Act;

6. Administrative work for imposing and collecting administrative fines under Article 108 of the Act.

(2) If essential for performing administrative work for imposing and collecting costs, expenses to be borne by users of electric installations for transmission and distribution of electric power in proportion to usage charges, as approved under Article 15 of the Act, an electric transmission business entity or an electric distribution business entity may process data containing a resident registration number or an alien registration number referred to in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act.

(3) If essential for performing administrative work for supplying electricity under terms and conditions under Article 16 of the Act and imposing and collecting electric rates, an electric sales business entity may process data containing a resident registration number or an alien registration number referred to in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act.

(4) Deleted. <Mar. 30, 2021>

(5) If essential for performing the following administrative work, an electric utility business entity may process data containing a resident registration number or an alien registration number referred to in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act:

1. Administrative work for imposing costs and expenses incurred in relocating an installation under Article 72 of the Act;

2. Administrative work for imposing costs and expenses incurred in relocating aerial electric lines into underground space under Article 72-2 of the Act;

3. Administrative work for the use of or entry to the land under Articles 87 through 89 of the Act.

(6) Deleted. <Mar. 30, 2021>

[This Article Added on Mar. 2, 2017]

ENFORCEMENT DECREE OF THE ELECTRIC UTILITY ACT

Article 1(Purpose) #

Article 1-2(Capacity of electric power generating installations of district electric business entities) #

Article 1-3(Small-scale electricity resources) #

Article 1-4(Energy resources for integrated power plant business) #

Article 2(Installations excluded among electric installations) #

Article 3(Licensing for at least two types of electric utility business) #

Article 4(Criteria for licensing electric utility business) #

Article 4-2(Opinion gathering procedure for power generation project) #

Article 4-3(Standards for registration of new electric utility business) #

Article 5(Acquisition of stocks subject to approval) #

Article 5-2(Exceptions to examination on authorization of acquisition of business) #

Article 5-3(Standards for dispositions by type of violation by electric utility business entities and standards for imposing surcharges) #

Article 5-4(Imposition and payment of surcharges for violations by electric utility business entities) #

Article 5-5(Justification for refusal to supply electricity) #

Article 6(Criteria for approval of charges for use of electric installations for transmission and distribution of electric power) #

Article 7(Criteria for approval of basic terms and conditions of supply) #

Article 7-2(Reporting of terms and conditions of new electric utility business) #

Article 7-3(Supply of electricity by electric vehicle charging business entities) #

Article 7-4(Scope of data requested to related agencies for cooperation) #

Article 8(Exception to installation of electric meters) #

Article 9(Types of and criteria for prohibited conduct) #

Article 10(Fact-finding investigation) #

Article 11(Measures against prohibited acts) #

Article 12(Methods of determining surcharges for prohibited conduct) #

Article 13(Maximum amount of surcharges for prohibited conduct and criteria for imposition) #

Article 14(Imposition and payment of surcharges for prohibited conduct) #

Article 15(Formulation of master plan for electricity supply and demand) #

Article 15-2(Changes of minor matters in master plans) #

Article 16(Institutions obligated to submit data) #

Article 16-2(Basic inspection and hearing of opinions) #

Article 17(Reporting of plans for establishing electric installations and for supplying electricity) #

Article 17-2(Management of credibility of electric power systems) #

Article 18(Preparation of plans for manufacture and supply of fuels for nuclear power generation) #

Article 19(Electricity trading) #

Article 19-2(Business suspension order and cancellation procedure) #

Article 20(Direct purchase of electricity) #

Article 20-2(Persons subject to agreement on compensation for difference) #

Article 20-3(Compensation for contributions to projects for assistance to dam environs) #

Article 20-4(Approval of agreement on compensation for difference) #

Article 20-5(Modification to minor matters) #

Article 20-6(Establishment and operation of system for operating electric power system) #

Article 21(Commissions for electricity trading) #

Article 22(Scope of disclosure of information and procedures for disclosure) #

Article 23(Formulation of plans to create foundations for electric power industry) #

Article 24(Formulation of implementation plans) #

Article 25(Implementation of projects for creating foundations for electric power industry) #

Article 26(Conclusion of agreements) #

Article 27 #

Article 28(Composition of electric policy council) #

Article 28-2(Dismissal or removal of members of electric policy council) #

Article 29(Chairperson of Electric Policy Council) #

Article 30(Meetings of Electric Policy Council) #

Article 31(Hearing of opinions) #

Article 32(Allowances) #

Article 33(Operational rules) #

Article 34(Use of Fund) #

Article 35(Raising Fund) #

Article 36(Standards for imposition of charges) #

Article 37(Surcharges) #

Article 38(Entrustment of affairs for operation and management of Fund) #

Article 39(Meetings and operation of Electricity Regulatory Commission) #

Article 39-2(Application for adjudication) #

Article 39-3(Exclusion, challenge or recusal of members) #

Article 40(Allowances) #

Article 41(Operational regulations) #

Article 42(Authorization of plans for works) #

Article 42-2 #

Article 42-3 #

Article 42-4 #

Article 43(Determination of technical standards) #

Article 44(Activities of damaging underwater wires) #

Article 44-2(Where relocation of installations is impracticable) #

Article 44-3(Exemption of relocation expenses) #

Article 44-4(Scope and methods of measures including relocation of installations) #

Article 45 #

Article 46 #

Article 47 #

Article 48 #

Article 49 #