Article 1(Purpose) #
The purpose of this Decree is to provide for matters mandated by the Electric Power Source Development Promotion Act and those necessary for enforcing that Act.
[This Article Wholly Amended on Jul. 22, 2009]
Article 2 #
[(Previous) Article 2 moved to Article 14-2 <Jul. 22 2009>]
Article 3(Accessory facilities) #
"Accessory facilities" in subparagraph 1 of Article 2 of the Electric Power Source Development Promotion Act (hereinafter referred to as the "act") means the following facilities: <Amended on Jan. 5, 2021>
1. Buildings, structures, and auxiliary facilities for installing and operating electric installations for electric utility business that generate, transmit, and transform electricity (hereinafter referred to as "electric installations for electric utility business");
2. Electric installations for electric utility business, facilities for using water (including water for domestic use, groundwater, and seawater) for the purpose of installing and operating facilities under subparagraph 1, oil supply facilities, retreatment plants, storage facilities for materials, radioactive waste management facilities, and auxiliary facilities;
3. Accommodations for persons engaged in the installation and operation of facilities referred to in subparagraphs 1 and 2 and auxiliary facilities.
[This Article Wholly Amended on Jul. 22, 2009]
Article 4 #
Deleted. <May 1, 1997>
Article 5(Executive Committee for Electric Power Source Development Project) #
The 2nd Vice Minister of Climate, Energy and Environment shall serve as chairperson of the Executive Committee for Electric Power Source Development Project under Article 4 of the Act (hereinafter referred to as the "committee"), and the members of the Committee shall be each person designated by the head of the relevant agency from among public officials of Grade III, or members in general service of the Senior Executive Service, of the Ministry of Strategy and Finance, the Ministry of Science and ICT, the Ministry of National Defense, the Ministry of the Interior and Safety, the Ministry of Agriculture, Food and Rural Affairs, the Ministry of Climate, Energy and Environment, the Ministry of Land, Infrastructure and Transport, the Ministry of Oceans and Fisheries, the National Fire Agency, and the Korea Forest Service. <Amended on Apr. 5, 2011; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Aug. 6, 2021; Oct. 1, 2025>
[This Article Wholly Amended on Jul. 22, 2009]
Article 6(Functions of the Committee) #
The Committee shall deliberate on the following:
1. Matters specified in the subparagraphs of Article 5 (3) of the Act;
2. Matters relating to authorization, permission under Article 6 (1) of the Act;
3. Matters relating to building permission under Article 6 (3) of the Act;
4. Matters relating to project approval under Article 6-2 (3) of the Act;
5. Matters specified in the subparagraphs of Article 22 (1);
6. Other matters necessary for implementing electric power source development project.
[This Article Wholly Amended on Jul. 22, 2009]
Article 7(Duties of chairperson) #
(1) The Chairperson shall represent the Committee and exercise overall control over the affairs of the Committee.
(2) Where the chairperson is unable to perform his or her duties due to unavoidable causes, a member of the Committee designated by the chairperson in advance shall perform the duties of the chairperson on his or her behalf.
[This Article Wholly Amended on Jul. 22, 2009]
Article 8(Meetings) #
(1) The chairperson shall convene and preside over meetings of the Committee.
(2) A meeting of the Committee shall be held with the attendance of a majority of all incumbent members (including the chairperson) and a resolution shall be passed with the concurrent vote of a majority of those present (including the chairperson).
[This Article Wholly Amended on Jul. 22, 2009]
Article 9(Minutes of meetings) #
The Committee shall prepare and keep minutes of meetings.
[This Article Wholly Amended on Jul. 22, 2009]
Article 10(Executive secretary and clerk) #
(1) The Committee shall have one executive secretary and one clerk, who shall be appointed by the Minister of Climate, Energy and Environment from among public officials under his or her jurisdiction. <Amended on Mar. 23, 2013; Oct. 1, 2025>
(2) The executive secretary shall handle the general affairs of the Committee under the direction of the chairperson, and the clerk shall assist the executive secretary.
[This Article Wholly Amended on Jul. 22, 2009]
Article 11(Operational detailed rules) #
Except as provided in this Decree, matters necessary for the operation of the Committee shall be prescribed by the chairperson after resolution by the Committee.
[This Article Wholly Amended on Jul. 22, 2009]
Article 12(Application for approval of execution plan for electric power source development project) #
Where an electric power source developer under Article 3 of the Act (hereinafter referred to as "electric power source developer") intends to obtain approval of an execution plan for electric power source development project (hereinafter referred to as "execution plan") pursuant to Article 5 (1) of the Act, he or she shall submit the execution plan to the Minister of Climate, Energy and Environment by no later than 10 months prior to the commencement of the creation of a site necessary for the electric power source development project (The foregoing shall not apply to electric power source development projects prescribed by Decree of the Ministry of Climate, Energy and Environment). <Amended on Mar. 23, 2013; Oct. 1, 2025>
[This Article Wholly Amended on Jul. 22, 2009]
Article 13(Projects excluded from approval of execution plans) #
"Electric power source development projects prescribed by Presidential Decree" in the proviso of Article 5 (1) of the Act means the following projects which fall under subparagraph 2 (a) of Article 2 of the Act: <Amended on Mar. 23, 2013; Oct. 1, 2025>
1. Electric power source development projects executed in existing electric power source development project areas (excluding projects recognized by the minister of Climate, Energy and Environment as electric power source development projects that have a significant impact on the stability of electricity supply and demand);
2. Electric power source development projects not requiring authorization, permission under the subparagraphs of Article 6 (1) of the Act;
3. Installation and improvement of transmission lines or substations that are urgently needed due to the supply and demand of electricity;
4. Projects prescribed by Decree of the Ministry of Climate, Energy and Environment, which are electric power source development projects similar to those specified in subparagraphs 1 through 3.
[This Article Wholly Amended on Jul. 22, 2009]
Article 14(Change to minor matters) #
(1) Matters to be reported pursuant to the proviso of Article 5 (2) of the Act shall be as follows: <Amended on Jul. 22, 2009; Mar. 23, 2013; Oct. 1, 2025>
1. Change to the execution period of the electric power source development project;
2. Change to the installation, locations, or specifications of electric power source facilities in the same electric power source development project area;
3. Change to the area due to topographical conditions, consultation with landowners, purchase of residual land;
4. Projects prescribed by Decree of the Ministry of Climate, Energy and Environment, which are electric power source development projects similar to those specified in subparagraphs 1 through 3.
(2) Deleted. <May 1, 1997>
(3) When the Minister of Climate, Energy and Environment receives a report under the proviso of Article 5 (2) of the Act and if the details of the report are related to the consultation under Article 6 (1) 12 of the Act, he or she shall notify the Minister of National Defense of the details. <Amended on Mar. 23, 2013; Oct. 1, 2025>
(4) Where the Minister of Climate, Energy and Environment accepts a report under the proviso of Article 5 (2) of the Act, he or she shall publish the fact in the Official Gazette. <Amended on Jul. 22, 2009; Mar. 23, 2013; Oct. 1, 2025>
Article 14-2(Electric power source development project areas) #
"Electric power source development project area" in Article 5 (3) 2 of the Act means a project area for installing and operating electric power source facilities and includes the following:
1. Settlement area for relocation under Article 10 of the Act;
2. Where an electric power source developer is entrusted with the installation of public facilities under the main clause of Article 13 of the Act (hereinafter referred to as "public facilities") pursuant to the proviso of Article 13 of the Act, areas where such public facilities are installed;
3. Area where replacement public facilities are installed under Article 14 of the Act;
4. Areas for installing access roads and areas for extracting soil, stones, sand, sand, or gravel for projects implemented within areas under subparagraphs 1 through 3.
[This Article Wholly Amended on Jul. 22, 2009]
[Moved from Article 2 <Jul. 22, 2009>]
Article 15(Matters to be included in execution plans) #
(1) In the case of indicating the location and size of an electric power source development project area under Article 5 (3) 2 of the Act, a cadastral map (In the case of electric power transmission lines, referring to an actual survey map of the current status indicating the passage of power transmission lines), a location map specifying a plan for the use of land or other property, and a layout of facilities shall be attached thereto.
(2) In the case of indicating matters related to the conservation of the natural environment of the national territory under Article 5 (3) 6 of the Act, documents classified as follows shall be attached; provided, this shall not apply to projects (limited to electric power source facilities that have been installed) under subparagraph 2 (b) of Article 2 of the Act: <Amended on Jul. 20, 2012>
1. For projects for which environmental impact assessments are required under the Environmental Impact Assessment Act: An environmental impact assessment report under Article 27 of that Act;
2. For projects for which strategic environmental impact assessments and mini environmental impact assessments are required to be conducted under the Environmental Impact Assessment Act: A strategic environmental impact assessment report under Article 16 of that Act and a mini environmental impact assessment report under Article 44 of that Act;
3. For other projects: A review report on the environment.
(3) "Matters prescribed by Presidential Decree" in Article 5 (3) 7 of the Act means the following matters: <Amended on Oct. 25, 2011>
1. Details (including land number and land category; hereinafter the same shall apply) of land or other property (referring to land or other property under Article 6-2 (1) of the Act; hereinafter the same shall apply) to be expropriated or used;
2. Names and addresses of the owners of land or other property and interested persons (referring to persons concerned as defined in subparagraph 5 of Article 2 of the act on acquisition of and compensation for land for public works projects; hereinafter referred to as "interested persons");
3. A plan for purchasing land or other property and compensation therefor;
4. A plan for relocation and removal of public facilities and a plan for installation of replacement facilities;
5. Deleted; <Jul. 28, 2016>
6. Review reports under Articles 18-3 (3) and 18-4 (3).
Article 15-2 #
Deleted. <Jan 16, 2024>
Article 15-3(Minor matters) #
"Minor matters prescribed by Presidential Decree" in the proviso of Article 5 (4) of the Act means any of the following execution plans, which have no disagreement as a result of consultation by the Minister of Climate, Energy and Environment with the heads of relevant central administrative agencies: <Amended on Mar. 23, 2013; Oct. 1, 2025>
1. Execution plan for transmission lines with a voltage of 345,000 volts or less;
2. Execution plan for substations with a voltage of 345,000 volts or less and unit business area of 100,000 square meters or less;
3. Execution plans for projects (limited to electric power source facilities that have been installed) under subparagraph 2 (b) of Article 2 of the Act;
4. Execution plan subject to approval for change under Article 5 (2) of the Act;
[This Article Wholly Amended on Jul. 22, 2009]
[Moved from Article 15-2 <Jul. 22, 2009>]
Article 16(Public notice of approval of execution plans) #
(1) Matters to be publicly notified by the Minister of Climate, Energy and Environment pursuant to Article 5 (7) of the Act shall be as follows: <Amended on Mar. 23, 2013; Jan. 16, 2024; Oct. 1, 2025>
1. The name of the electric power source development project;
2. The name and address of the implementer of an electric power source development project (In the case of a corporation, referring to the name and address of the corporation and the name of its representative);
3. The purpose and outline of the electric power source development project;
4. The execution period for the electric power source development project;
5. The location and size of the electric power source development project area;
6. The details of land or other property to be expropriated or used;
7. The names and addresses of the owner of land or other property and interested persons.
(2) Where the Minister of Climate, Energy and Environment gives public notice under paragraph (1) or Article 14 (4), he or she shall, without delay, forward a copy of the execution plan to the head of the relevant central administrative agency, the head of the Si/Gun/Gu (the head of the Gu refers to the head of the autonomous Gu) having jurisdiction over the relevant electric power source development project area, and the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Special Self-Governing City Mayor, the Special Self-Governing City Mayor, the Do Governor, or the Special Self-Governing Province Governor having jurisdiction over the relevant electric power source development project area (hereinafter referred to as the "head of the competent local government"). <Amended on Mar. 23, 2013; Jul. 28, 2016; Jan. 16, 2024; Oct. 1, 2025>
[This Article Wholly Amended on Jul. 22, 2009]
Article 16-2
[Article 16-2 moved to Article 18 <Jul. 22, 2009>]
Article 17(Public announcement of approved execution plans) #
(1) Upon receipt of a copy of an implementation plan under Article 16 (2), the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as "mayor/do governor") shall, without delay, publicly announce the matters specified in Article 16 (1) 1, 2, and 5 and shall notify the landowners and interested persons of the details of such public announcement; provided, where it is impossible to identify the person to be notified or the domicile, residence, or other place of the person to be notified, the notice may be substituted by public announcement. <Amended on Jul. 28, 2016>
(2) Where the competent Mayor/Do Governor has made a public announcement under paragraph (1), he or she shall make the matters referred to in the subparagraphs of Article 16 (1) and the maps and layouts referred to in Article 15 (1) available to the general public for perusal for 30 days from the date of public announcement.
[This Article Wholly Amended on Jul. 22, 2009]
Article 18(Public announcement and perusal of project implementation plans) #
(1) Where an electric power source developer intends to hear opinions of residents, relevant experts (hereinafter referred to as "residents") pursuant to Article 5-2 of the Act, he or she shall prepare a project implementation plan under paragraph (1) of that Article (hereinafter referred to as "project implementation plan") and submit it to the head of the following administrative agencies: <Amended on Mar. 23, 2013; Jan. 22, 2016; Oct. 1, 2025>
1. The head of the Si (including the head of an administrative si under Article 11 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply)/Gun/Gu (The head of a gu refers to the head of an autonomous gu; hereinafter the same shall apply) having jurisdiction over the relevant electric power source development project area; and if an electric power source development project area extends over at least two Sis (including an administrative si under Article 10 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply)/Guns/Gus (Gus refers to autonomous gus; hereinafter the same shall apply), the head of the Si/Gun/Gu having jurisdiction over the area in which the largest or longest of the electric power source development project area is located;
2. The heads of Sis/Guns/Gus having jurisdiction over areas affected by the implementation of the relevant electric power source development project (hereinafter referred to as the "heads of relevant sis/guns/gus") other than the head of the Si/Gun/Gu referred to in subparagraph 1 (hereinafter referred to as the "head of the competent Si/Gun/Gu");
3. Minister of Climate, Energy and Environment.
(2) The project implementation plan under paragraph (1) shall include the following:
1. Objectives of the electric power source development project;
2. Implementer of the electric power source development project;
3. Outline of electric power source facilities;
4. Location (including details of land or other property) and size of the electric power source development project area;
5. Execution period for the electric power source development project.
(3) The head of the competent Si/Gun/Gu shall publicly announce the following matters, at least once, respectively, in one or more daily newspapers published and circulated nationwide and a daily newspaper published and circulated primarily in the relevant region, within 10 days from the date of receipt of the project implementation plan under paragraph (1) and shall post them on the website of the Si/Gun/Gu for at least 14 days so that residents may peruse the project implementation plan:
Article 18-2(Vicarious execution of procedures for public announcement and perusal) #
(1) In any of the following cases, the Minister of Climate, Energy and Environment may make a public announcement or have a project implementation plan perused pursuant to Article 18 (3) or 18-5 (3) on behalf of the head of the competent Si/Gun/Gu. In such cases, the Minister of Climate, Energy and Environment shall notify the head of the competent Si/Gun/Gu of such fact in advance: <Amended on Jul. 28, 2016; Oct. 1, 2025>
1. Where the head of the competent Si/Gun/Gu fails to make a public announcement under Article 18 (3) or fails to allow the perusal of a project implementation plan within 30 days from the date of receipt of the project implementation plan;
2. Where the head of the competent Si/Gun/Gu fails to make a public announcement under Article 18-5 (3) within 30 days from the date of receipt of a plan for holding a public hearing under Article 18-5 (2).
(2) Where the Minister of Climate, Energy and Environment makes a public announcement or allows the perusal of a project implementation plan on behalf of the head of the competent Si/Gun/Gu pursuant to paragraph (1), the "head of the competent Si/Gun/Gu" shall be construed as the "Minister of Climate, Energy and Environment" in applying Articles 18 (3) and (4), 18-3, and 18-5 (3). <Amended on Mar. 23, 2013; Jul. 28, 2016; Oct. 1, 2025>
[This Article Added on Jul. 22, 2009]
Article 18-3(Handling of submitted opinions) #
(1) Residents may submit their opinions to the head of the competent Si/Gun/Gu or the head of the relevant Si/Gun/Gu during the period for submitting opinions under Article 18 (3) 4. In such cases, the head of the relevant Si/Gun/Gu who has received opinions from residents shall notify the head of the competent Si/Gun/Gu of the opinions submitted.
(2) The head of the competent Si/Gun/Gu shall notify the electric power source developer of the opinions submitted or notified pursuant to paragraph (1) within 14 days from the date of expiration of the perusal period under Article 18 (3) 2. In such cases, if the head of the competent Si/Gun/Gu or the head of the relevant Si/Gun/Gu has an opinion on the project implementation plan, he or she may also notify the electric power source developer of his or her opinion.
(3) The electric power source developer shall prepare a written review of the opinions given under paragraph (2) from the head of the competent Si/Gun/Gu, the heads of the relevant Sis/Guns/Gus, and residents
[This Article Added on Jul. 22, 2009]
Article 18-4(Holding of presentation meetings) #
(1) An electric power source developer shall hold a presentation meeting to hear opinions of residents pursuant to Article 5-2 (1) of the Act during the perusal period under Article 18 (3) 2. In such cases, if the target area extends over two or more Sis/Guns/Gus, the developer holds a presentation meeting in each Si/Gun/Gu; if the developer agrees with the heads of the Sis/Guns/Gus, presentation meetings can be combined.
(2) Where a presentation meeting publicly announced pursuant to Article 18 (3) is not held due to reasons such as obstruction of the holding of the meeting, or where the presentation meeting is held but fails to proceed normally, the electric power source developer may omit the presentation meeting. In such cases, the electric power source developer shall take the following measures and shall endeavor to explain the relevant electric power source development project to residents or hear their opinions:
1. Making a public announcement, in a manner prescribed in Article 18 (3), of the reasons for omitting the presentation meeting;
2. Requesting the head of the Si/Gun/Gu to post the presentation materials on the website of the Si/Gun/Gu.
(3) An electric power source developer shall prepare a review report on the opinions of residents submitted at the time of holding a presentation meeting under paragraph (1).
[This Article Added on Jul. 22, 2009]
Article 18-5(Holding of public hearing) #
(1) "Residents within the scope prescribed by Presidential Decree" in the main clause, with the exception of the subparagraphs, of Article 5-2 (1) of the Act means at least 30 residents aged 19 years or older:
(2) Where an electric power source developer intends to hold a public hearing pursuant to Article 5-2 (1) of the Act, he or she shall submit a plan to hold a public hearing to the Minister of Climate, Energy and Environment and the head of the competent Si/Gun/Gu. <Amended on Oct. 1, 2025>
(3) Upon receipt of a plan to hold a public hearing under paragraph (2), the head of the competent Si/Gun/Gu shall publicly announce the following matters at least once in each daily newspaper under Article 18 (3) by no later than 14 days before holding the public hearing and shall post them on the website of the Si/Gun/Gu for at least 14 days:
1. Objectives of Hearing the Public Hearing;
2. The date and time and venue of the public hearing;
3. Outline of the electric power source development project;
4. Other matters necessary for holding the public hearing.
(4) An electric power source developer shall submit the results of a public hearing to the Minister of Climate, Energy and Environment and the head of the competent Si/Gun/Gu within 7 days after the public hearing is held, as prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>
(5) Where a public hearing publicly announced pursuant to paragraph (3) is not held due to reasons such as obstruction of the holding of the public hearing or where the public hearing is held but fails to proceed normally, the electric power source developer may omit the public hearing; in such cases, the electric power source developer shall do each of the following:
1. To publicly announce and publish, by all of the following methods, the reasons for omitting the public hearing and the timing and methods for submitting opinions of persons who intend to submit opinions:
(a) To publicly announce them at least once in each daily newspaper under Article 18 (3);
(b) To post them on the website of the competent Si/Gun/Gu for at least 14 days;
2. To endeavor to hear opinions of residents by other means, such as gathering opinions through the website of the competent Si/Gun/Gu.
Article 18-6(Composition of location selection committee) #
(1) "Public officials of local governments, resident representatives, relevant experts, and electric power source developers prescribed by Presidential Decree" in Article 5-3 (1) of the Act means the following persons:
1. From among public officials in charge of energy affairs working in the Si/Gun/Gu (The gu refers to an autonomous gu) and those working in the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province having jurisdiction (hereinafter referred to as the "competent local government") over the area in which power transmission and substation facilities are to be installed, public officials designated by the head of the competent local government;
2. From among residents who reside in Eups/Myeons/Dongs in an area in which transmission and substation facilities are to be installed, those recommended by the head of the Si/Gun/Gu;
3. From among relevant experts engaged in academic circles, press circles, social organizations who have extensive expertise and experience in electric power source development, environmental protection, or power transmission and substation facilities, persons commissioned by the electric power source developer;
4. The electric power source developer (In cases of a corporation, referring to its executive officers and employees) that selects a site for power transmission and substation facilities under Article 5-3 (1) of the Act.
(2) Where the electric power source developer intends to organize a location selection committee under Article 5-3 (1) of the Act (hereinafter referred to as the "location selection committee"), he or she shall request the head of the competent local government to designate at least 1 public official under paragraph (1) 1 as member of the location selection committee, accompanying the following:
1. Objectives of the electric power source development project;
2. Scale of the project;
3. Outline location map.
(3) The electric power source developer shall request the head of each Si/Gun/Gu to recommend at least one person for each Eup/Myeon/Dong as a member of the location selection committee who is the representative of residents under paragraph (1) 2, accompanying the matters specified in the subparagraphs of paragraph (2); provided, where an area in which electric power transmission facilities are to be installed extends over at least two Sis/Guns/Gus, the electric power source developer may request at least one person for each Si/Gun/Gu who is the representative of residents under paragraph (1) 2 to recommend as a member of the Location Selection Committee who is the representative of residents under paragraph (1). <Amended on Dec. 3, 2024>
Article 18-7(Operation of location selection committee) #
(1) The chairperson of the location selection committee appointed pursuant to Article 18-6 (6) shall convene and preside over meetings of the location selection committee.
(2) The resolution of a meeting of the location selection committee shall require the attendance of a majority of all incumbent members and the concurring vote of a majority of those present.
(3) "Period prescribed by Presidential Decree" in Article 5-3 (2) of the Act means the period up to 1 year from the date the 1st meeting of the location selection committee is held, and where the chairperson of the location selection committee deems it necessary to select a location, the period may be extended once by up to 1 year.
(4) The electric power source developer shall formulate an execution plan reflecting the matters deliberated and resolved on by the location selection committee pursuant to Article 5-3 (2) of the Act; provided, the electric power source developer need not reflect the matters deliberated and resolved on by the location selection committee in any of the following cases:
1. Where the opinions of residents, relevant experts are reflected in the execution plan pursuant to Article 5-2 of the Act;
2. Where the location of the transmission and substation facilities that has been deliberated and resolved on is restricted to the use of land or other property pursuant to other statutes;
3. Where the owners of land or other property and interested persons request the electric power source developer to change the location of power transmission and substation facilities on condition that they provide other land or other property to the electric power source developer.
(5) "Special circumstances prescribed by Presidential Decree, such as diseases" in Article 5-3 (3) of the Act means any of the following cases:
1. Where the member stays overseas;
2. Where the member has suffered a disaster or accident;
3. Where the member has difficulty in moving around due to illness or injury;
4. Where the member's freedom is constrained by statutes and regulations;
5. Where other reasonable grounds exist to believe that it is inevitable in view of social norms.
(6) Except as provided in paragraphs (1) through (5), detailed matters necessary for operating the location selection committee shall be determined and publicly notified by the Minister of Climate, Energy and Environment. <Amended on Oct. 1, 2025>
Article 18-8(Omission of location selection committee) #
(1) "Reasons prescribed by Presidential Decree, such as the refusal of commissioning or attendance by public officials of the competent local government or the resident representatives" in Article 5-3 (4) of the Act means any of the following reasons: <Amended on Oct. 1, 2025>
1. Where public officials of the competent local government or resident representatives refuse to be commissioned or attend meetings;
2. Where there are reasonable grounds a location selection committee should not be formed, as determined and publicly notified by the Minister of Climate, Energy and Environment.
(2) "Procedures prescribed by Presidential Decree" in Article 5-3 (4) of the Act means that an electric power source developer posts the reasons for omission of a location selection committee at least once in each daily newspaper under Article 18 (3).
(3) Except as provided for in paragraph (2), detailed matters regarding the omission of a location selection committee and the selection of locations shall be determined and publicly notified by the Minister of Climate, Energy and Environment. <Amended on Oct. 1, 2025>
[This Article Added on Jan. 16, 2024]
Article 18-9(Bearing expenses for public announcement) #
An electric power source developer shall bear expenses for public announcement, perusal, presentation meetings, public hearings, and operation of the Location Selection Committee under Articles 18, 18-2, and 18-4 through 18-7. <Amended on Jul. 28, 2016; Jan. 16, 2024>
[This Article Added on Jul. 22, 2009]
[Moved from Article 18-6 <Jan. 16, 2024>]
Article 19(Land expropriation) #
"Expropriation and use of land or other property in an electric power source development project area that meets the standards prescribed by Presidential Decree" in Article 6-2 (4) of the Act means expropriation and use of land or other property necessary for the following electric power source development projects: <Amended on Apr. 5, 2011>
1. Installation of a power plant with an output of at least 100,000 kilowatts;
2. Installation of substations or transmission lines with a voltage of 154 kilovolts or higher;
3. An electric power source development project which extends over at least two Special Metropolitan Cities, Metropolitan Cities, Dos, or Special Self-Governing Provinces.
[This Article Wholly Amended on Jul. 22, 2009]
Article 20(Entrustment of purchasing land or other property) #
When an electric power source developer entrusts affairs regarding the purchase of land or other property for an electric power source development project and affairs regarding compensation for losses to the head of the competent local government pursuant to Article 9 of the Act, he or she shall consult with the head of the relevant local government in advance on the details and terms and conditions of entrustment. The standards for entrustment rates in such cases shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Mar. 23, 2013; Oct. 1, 2025>
[This Article Wholly Amended on Jul. 22, 2009]
Article 21(Migration measures) #
(1) Article 78 (4) of the Act on Acquisition of and Compensation for Land for Public Works Projects and Article 40 (2) and (5) of the Enforcement Decree of that Act shall apply mutatis mutandis to the formulation and implementation of migration measures under Article 10 (1) of the Act. <Amended on Apr. 17, 2018>
(2) "Competent local government" in Article 10 (2) of the Act means a local government having jurisdiction over a settlement area.
(3) Article 20 shall apply mutatis mutandis where an electric power source developer entrusts the head of a local government with the purchase of land or other property for migrants and the formulation and implementation of relocation measures.
[This Article Wholly Amended on Jul. 22, 2009]
Article 22(Public notice of designation of prearranged area for electric power source development project) #
(1) When an electric power source developer files an application for designation of a prearranged area for an electric power source development project pursuant to Article 11 (1) of the Act, he or she shall submit to the Minister of Climate, Energy and Environment an application stating the following matters: <Amended on Mar. 23, 2013; Oct. 1, 2025>
1. The name and address of the electric power source developer (In the case of a corporation, referring to the name and address of the corporation and the name of its representative);
2. The name of the prearranged area for the electric power source development project;
3. The name of the prearranged area for the electric power source development project;
4. The location and size of the prearranged area for the electric power source development project;
5. The scheduled period of the electric power source development project.
(2) An application under paragraph (1) shall be accompanied by a map of the location of a planned area for an electric power source development project. In such cases, the Minister of Climate, Energy and Environment shall confirm the cadastral map of the planned area for the electric source development project through the joint use of administrative information under Article 36 (1) of the Electronic Government Act. <Amended on May 4, 2010, on March 23, 2013; Oct. 1, 2025>
(3) Where the Minister of Climate, Energy and Environment has designated a prearranged area for an electric power source development project, he or she shall publicly notify the matters referred to in the subparagraphs of paragraph (1). <Amended on Mar. 23, 2013; Oct. 1, 2025>
(4) Where the Minister of Climate, Energy and Environment gives public notice under paragraph (3), he or she shall, without delay, forward the matters referred to in the subparagraphs of paragraph (1) to the head of the relevant central administrative agency and the competent Mayor/Do Governor. In such cases, the head of the relevant central administrative agency and the competent Mayor/Do Governor shall verify the cadastral map of the area in which an electric power source development project is planned through administrative data matching under Article 36 (1) of the Electronic Government Act. <Amended on May 4, 2010; Mar. 23, 2013; Oct. 1, 2025>
(5) Upon receipt of the documents referred to in paragraph (4), the competent Mayor/Do Governor shall publicly announce the matters referred to in the subparagraphs of paragraph (1) without delay and shall make the details of the public announcement and the maps referred to in paragraph (2) available to the general public for perusal for 30 days from the date of public announcement.
Article 23(Request for purchase of land or other property) #
(1) When a landowner requests the purchase of land or other property pursuant to Article 12 (1) of the Act, he or she shall submit a written request for purchase stating the following matters to an electric power source developer:
1. The name and address of the landowner;
2. Detailed items of land or other property (including lot number, land category, and cadastral records).
(2) A written request for purchase under paragraph (1) shall be accompanied by a registered seal certificate of the landowner and documents proving ownership and other rights of the landowner. <Amended on Jul. 30, 2024>
(3) Where an electric power development project operator receives a request for purchase under paragraph (1), the purchase must be made at the appraised value as stipulated in the "Act on Acquisition and Compensation of Land for Public Projects".
[This Article Wholly Amended on Jul. 22, 2009]
Article 24(Public facilities) #
(1) "Facilities prescribed by Presidential Decree" in the main clause of Article 13 of the Act means railroads, communications facilities, sewerage, and rivers.
(2) Where the head of the relevant administrative agency in charge of public facilities receives a copy of the implementation plan pursuant to Article 16 (2), he or she shall notify the Minister of Climate, Energy and Environment of the installation plan of the relevant public facilities so that the electric power source development project can be smoothly implemented. <Amended on Mar. 23, 2013; Oct. 1, 2025>
[This Article Wholly Amended on Jul. 22, 2009]
Article 25(Reversion of public facilities) #
(1) Where an electric power source developer has installed new public facilities replacing existing public facilities pursuant to Article 14 of the Act, he or she shall, without delay, notify the head of the relevant administrative agency in charge of such public facilities of the details thereof and the details of installation expenses.
(2) Upon receipt of notification under paragraph (1), the head of the relevant administrative agency shall determine the scope of public facilities to be reverted to the State or a local government and the property to be transferred to the electric power source developer and notify the electric power source developer thereof.
[This Article Wholly Amended on Jul. 22, 2009]
Article 26(Service of documents by public notice) #
(1) When an electric power source developer makes service by public notice pursuant to Article 16 of the Act, he or she shall make a public announcement in a daily newspaper published and circulated nationwide or in a daily newspaper published and circulated primarily in the relevant region.
(2) Where service by public notice is made pursuant to paragraph (1), such documents shall be deemed to have been sent on the date of public notice, and such documents shall be deemed to have reached the other party when 14 days have elapsed from the date of public notice; provided, the period of service by public notice to a person deemed to stay in a foreign country shall be 2 months.
[This Article Wholly Amended on Jul. 22, 2009]
Article 27 #
Deleted. <Jun. 29, 2004>