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Development Plans for Regulations regarding Energy Business Planning Procedure - Centered around 「Electric Power Source Development Promotion Act」 for construction of power plants and etc.

  • Public Land Law Review
  • Abbr : KPLLR
  • 2017, 79(), pp.385-422
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Oksun Baek 1

1한국법제연구원

Accredited

ABSTRACT

Issues regarding energy policies and business planning have come to light following the transfer of power to the new government. The fundamental question of whether the government will be able to freely make and implement decisions regarding energy policies and business planning or whether a certain amount of popular consensus will implement into decision making is being open to debate. While in the past there were cases of social issues and conflicts regarding the installation of energy facilities such as power plants and transmission lines, due to the nature of the field of energy placing the highest value its stable production and supply, these issues were never truly brought into the frontline. However, currently the need for the discussions of nation-wide energy business planning including its implementation and modification especially in regards to its regulation proceedings have amplified. With this background, this paper aims to discuss the overall procedures of implementing energy business planning. As most regulations regarding the energy industry is spontaneously developed under various different legislations, there is a limitation to reviewing all energy related regulations. Due to the nature of this research to provide a proposal for improvement on regulations related to energy business planning development and detailed implementation procedures, the legislation that aims for the efficient installation of energy facilities, 「Electric Power Source Development Promotion Act」, was reviewed in detail. In particular this paper holds significance, as most large scale energy plants and transmission line installation were based on the regulations provided in the 「Electric Power Source Development Promotion Act」 but there has not been any significant study on its implications. In addition, since the establishment of the 「Electric Power Source Development Promotion Act」 in 1978, there have only been 6 amendments, and there needs to be a review on whether this legislation remains necessary for the modern-day energy industry. Implementing a more critical outlook, this paper can be divided into three larger sections. First, energy law and overall energy business planning organization and stages are reviewed, with a focus on the relationship between government administrative planning and energy business companies' business plans for energy business implementation. Second, the study and identification of problems with the business implementation procedures of the currently implemented 「Electric Power Source Development Promotion Act」. Finally, proposals on how to revise legislations related to the planning procedures in order to drive large scale national energy business projects are specified.

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