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A Legal Study on Basic Plan for Long-term Supply & Demand - Possibility of Judicial Control -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2018, 84(), pp.173-194
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : October 31, 2018
  • Accepted : November 22, 2018

Chung, Seung-Yun 1

1부산대학교

Accredited

ABSTRACT

The 8th Basic Plan for Long-term Supply & Demand is 'the long-term administrative plan for 15 years established every two years under Electric Utility Act in order to forecast mid- to long-term power demand and expand the power supply facilities accordingly'. The 8th Basic Plan for Long-term Supply & Demand is 'reduction of nuclear power generation and expansion of renewable energy generation' and reflects the policy of the phase-out of nuclear power plant. The 8th Basic Plan for Long-term Supply & Demand has split public opinion on energy policy and widened conflict. As a means of resolving this conflict, judicial control over The 8th Basic Plan for Long-term Supply & Demand is needed, as the most effective method of judicial control is the Revocation Litigation under the current law. The first gateway to the possibility of cancellation is the existence of disposition of the power supply basic plan. In this regard, The 8th Basic Plan for Long-term Supply & Demand was considered to be disposable of by the constrained administrative plan. The second gate is the standing to sue, which is a problem caused by the fact that the Korea Hydro & Nuclear Power Co., the direct counterpart of the power supply basic plan, is a public company. Accordingly, the direct victims of The 8th Basic Plan for Long-term Supply & Demand are the Korea Hydro & Nuclear Power Co., a state-run company, and the rights violators and victims are the same. Therefore, there is no possibility that Korea Hydro & Nuclear Power Co. will file a lawsuit for cancellation. Therefore, the government, which is a shareholder of the Korea Hydro and Nuclear Power Co., reviewed the fact that the plaintiffs were eligible for severe property damage, including workers and labor unions, and The Act on Assistance to Electric Power Plants-neighboring Areas. In conclusion, a lawsuit against The 8th Basic Plan for Long-term Supply & Demand could be a means of resolving conflicts over the administrative plan.

Citation status

* References for papers published after 2022 are currently being built.