Electric Utility Act


Published: 2010-02-04

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to promote the sound development of the electric utility and protect the interest of the consumers of electricity by establishing the basic system, and by promoting the competitiveness, of the electric utility and thereby to contribute to the progress of the national economy.
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 Article 2 (Definitions)   print
The definitions of terms used in this Act shall be as follows:
1. T he term "electric utility business" means an electricity generation business, an electric transmission business, an electric distribution business, an electric sales business, or a district electric business;
2. The term "operator of the electric utility business" means an operator of the electricity generation business, an operator of the electric transmission business, an operator of the electric distribution business, an operator of the electric sales business, or an operator of the district electric business;
3. The term "electricity generation business" means a business, the main purpose of which is to generate and supply electricity to operators of the electric sales business via the electric utility market;
4. The term "operator of the electricity generation business" means a person who has been licensed to generate electricity under Article 7 (1);
5. The term "electric transmission business" means a business, the main purpose of which is to set up and operate electric installations necessary to transmit electricity produced at electric power stations to operators of the electric distribution business;
6. The term "operator of the electric transmission business" means a person who has been licensed to transmit electricity under Article 7 (1);
7. The term "electric distribution business" means a business, the main purpose of which is to establish and operate electric installations necessary to distribute electricity transmitted from electric power stations to consumers of electricity;
8. The term "operator of the electric distribution business" means a person who has been licensed to distribute electricity under Article 7 (1);
9. The term "electric sales business" means a business, the main purpose of which is to deliver electricity to consumers of electricity;
10. The term "operator of the electric sales business" means a person who has been licensed to sell electricity under Article 7 (1);
11. The term "district electric business" means a business, the main purpose of which is to generate electricity with electric power production equipment of the size or smaller prescribed by Presidential Decree to meet the demand of a specific supply district and supply the produced electricity to the consumers of electricity in such specific supply district, not via any electric utility market;
12. The term "operator of the district electric business" means a person who has been licensed to operate the district electric business under Article 7 (1);
13. The term "electric utility market" means a market to be opened by the Korea Power Exchange established under Article 35 for electricity transactions (hereinafter referred to as the "Korea Power Exchange");
14. The term "electric control system" means a system under which the flow of electricity is controlled and managed to maintain the smooth flow and the quality, of electricity;
15. The term "universal supply" means the provision of electricity for consumers of electricity to use electricity at a reasonable rate anywhere at any time;
16. The term "electric installations" means machines, equipment, dams, waterways, reservoirs, electric wires, security telecommunications wires, and other equipment (excluding dams and reservoirs built under the Act on the Construction of Dams and Assistance, etc. to their Environs, equipment aboard ships, vehicles, or aircraft, and other equipment prescribed by Presidential Decree) which are installed for the purpose of the generation, transmission, transformation, distribution, or consumption of electricity and which fall under the following:
(a) Electric installations for the electric utility;
(b) Electric installations for general use;
(c) Electric installations for private use;
17. The term "electric installations for the electric utility" means electric installations that operators of the electric utility business use for the purpose of operating their business;
18. The term "electric installations for general use" means small-scale electric installations prescribed by Ordinance of the Ministry of Knowledge Economy and installed to be exclusively used for a limited area;
19. The term "electric installations for private use" means electric installations other than electric installations for the electric utility and electric installations for general use;
20. The term "safety control" means measures necessary for works, maintenance, and operation of electric installations, as prescribed by this Act, to protect the lives and property of the people.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 3 (Duties of Government, etc.)   print
(1) The Minister of Knowledge Economy shall prepare fundamental and comprehensive measures for the stability of supply and demand of electricity, the promotion of the competitiveness of the electric power industry, etc. in order to achieve the purposes of this Act.
(2) A Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") and the head of a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) shall prepare necessary measures for the consumers of the electricity in a district under their jurisdiction to be supplied electricity stably and cooperate for the smooth implementation of the measure for the stability of the supply and demand of electricity of the Minister of Knowledge Economy under paragraph (1).
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 4 (Protection of Consumers)   print
An operator of the electric utility business shall prepare measures to protect the interest of the consumers of electricity.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 5 (Environmental Protection)   print
An operator of the electric utility business shall prepare measures necessary for the optimum management and preservation of the natural and living environments when setting up electric installations and operating the electric utility.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 6 (Universal Supply)   print
(1) An operator of the electric utility business has an obligation to contribute to the universal supply of electricity.
(2) The Minister of Knowledge Economy shall determine the details of the universal supply of electricity in consideration of the following matters:
1. The level of the development of electric technology;
2. The level of the spread of the use of electricity;
3. Public interest and safety;
4. The promotion of social welfare.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
CHAPTER II ELECTRIC UTILITY BUSINESS
SECTION 1 License, etc.
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 Article 7 (Business License)   print
(1) Any person who intends to operate an electric utility business shall obtain a license by the type of the electric utility from the Minister of Knowledge Economy. The same shall also apply to the modification of important matters of the license prescribed by Ordinance of the Ministry of Knowledge Economy.
(2 )Where the Minister of Knowledge Economy is to grant an electric utility license or a modified license therefor, he/she shall, in advance, undergo deliberation by the Electrical Affairs Commission under Article 53 (hereinafter referred to as the "Electric Affairs Commission").
(3) No person may be licensed to operate two or more types of electric utility business: Provided, That this shall not apply to cases prescribed by Presidential Decree.
(4) The Minister of Knowledge Economy may, if necessary, issue licenses classified by business zone and specific supply district: in the case of the electricity generation business, he/she may issue licenses by electric power station.
(5) The criteria for issuing an electric utility license shall be as follows:
1. To have a financial and technological capability necessary to operate the electric utility business in an optimal manner;
2. To be able to carry out the electric utility business as planned;
3. To ensure that all or a part of two or more business zones for operators of the electric distribution business or specific supply districts for operators of the district electric business, shall not be mutually overlapped among them in the electric distribution business or the district electric business;
4. To meet 50 percent or above of the electricity demand of a specific supply district with the supply capacity determined by Presidential Decree with respect to the district electric business and not to constitute any obstacle to the supply of electricity by another operator of the electric utility business to the consumers of electricity residing in the neighboring area due to such business;
5. To conform with the standards set by Presidential Decree on the basis of public necessity.
(6) The detailed criteria and procedures for issuing a license under paragraph (1) and other necessary matters therefor shall be determined by Ordinance of the Ministry of Knowledge Economy.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 8 (Grounds for Disqualification)   print
No person who falls under any of the following subparagraphs shall be licensed to operate an electric utility business:
1. A person declared as an incompetent or a quasi-incompetent;
2. A person who has failed to be reinstated after being declared bankrupt;
3. A person who has committed any crimes related to the electrical affairs in violation of Articles 172-2, 173, 173-2 (excluding those who violated Article 172 (1)), 174 (limited to a criminal attempt to commit any crimes in violation of Articles 172-2 (1) and 173 (1) and (2)), and 175 (limited to those who premeditated or plotted to commit any crimes in violation of Articles 172-2 (1) and 173 (1) and (2)) of the Criminal Act, or who has violated this Act, and for whom two years have not yet passed since his/her imprisonment without prison labor or heavier punishment was completely executed (including the case where it is deemed to have been executed) or exempted;
4. A person who is under a stay of execution of imprisonment without prison labor or heavier punishment after he/she was sentenced thereto for having committed any of the crimes provided for in subparagraph 3;
5. A person for whom two years have not yet passed since his/her electric utility license was revoked under Article 12 (1);
6. A corporation that is represented by a person who falls under any of subparagraphs 1 through 5.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 9 (Obligation to Set up Electric Installations and Start up Business)   print
(1) An operator of the electric utility business shall set up electric installations necessary to operate the electric utility and start up the business within the period of preparation determined by the Minister of Knowledge Economy.
(2) The period of preparation provided for in paragraph (1) may not exceed ten years: Provided, That the Minister of Knowledge Economy may extend the period if he/she deems that a due ground exists.
(3) In granting an electric utility license, the Minister of Knowledge Economy may, if deemed necessary, determine the period of preparation by the type of the electric utility or electric installations.
(4) When an operator of the electric utility business has started up the business, he/she shall promptly report such fact to the Minister of Knowledge Economy.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 10 (Acquisition of Business by Transfer and Division or Merger of Corporation)   print
(1) Where a person intends to acquire all or part of the electric utility business from its operator or to divide or merge a corporation that is an operator of the electric utility business, he/she shall obtain approval therefor from the Minister of Knowledge Economy.
(2) When the Minister of Knowledge Economy is to grant approval pursuant to paragraph (1), he/she shall undergo deliberation by the Electrical Affairs Commission.
(3) Where the Minister of Knowledge Economy grants approval in accordance with paragraph (1), he/she shall give public notice of this fact, as prescribed by Ordinance of the Ministry of Knowledge Economy.
(4) When the Minister of Knowledge Economy is to grant approval pursuant to paragraph (1), he/she shall consult with the Minister of Education, Science and Technology if the electric installations in question are an atomic power plant.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 11 (Succession, etc. to Business)   print
(1) Any person falling under any of the following subparagraphs shall succeed to the status of an operator of the electric utility business:
1. Where an operator of the electric utility business that is not a corporation dies, his/her heir;
2. A person who has acquired the electric utility business from its operator by obtaining approval under Article 10 (1);
3. Where an operator of the electric utility business that is a corporation merges by obtaining approval under Article 10 (1), a person surviving or newly established after the corporate merger;
4. Where an operator of the electric utility business that is a corporation divides the corporation by obtaining approval under Article 10 (1), a newly established corporation after the corporate division.
(2) Article 8 shall apply mutatis mutandis to the successors under paragraph (1).
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 12 (Revocation, etc. of Business License)   print
(1) Where an operator of the electric utility business falls under any of the following subparagraphs, the Minister of Knowledge Economy may revoke his/her license or may order the suspension of his/her business for a specified period not exceeding six months, after undergoing deliberation by the Electrical Affairs Commission: Provided, That his/her license shall be revoked if he/she falls under any of subparagraphs 1 through 4:
1. Where he/she falls under any of the subparagraphs of Article 8;
2. Where he/she fails to set up electric installations and start up business within a period of preparation prescribed in Article 9;
3. Where a foreign investment in an operator of the electricity generation business running an atomic power plant (hereinafter referred to as "operator of the atomic power generation business") falls under Article 2 (1) 4 of the Foreign Investment Promotion Act;
4. Where he/she has obtained a licence or a modified license provided for in Article 7 (1) by means of falsity or unlawfulness;
5. Where he/she has acquired by transfer all or part of any electric utility business or divided or merged any corporation without obtaining authorization therefor pursuant to Article 10 (1);
6. Where he/she has refused to supply electricity without any justifiable grounds therefor, in violation of Article 14;
7. Where he/she has permitted the use of any electric installations or supplied electricity without obtaining authorization or modified authorization therefor from the Minister of Knowledge Economy, in violation of Article 15 (1) or 16 (1);
8. Where he/she has violated an order issued by the Minister of Knowledge Economy pursuant to Article 18 (3);
9. Where he/she has violated an order issued by the Minister of Knowledge Economy pursuant to Article 23 (1);
10. Where he/she has violated an order issued by the Minister of Knowledge Economy pursuant to Article 29 (1);
11. Where he/she has failed to obtain authorization or report pursuant to Article 61 (1) through (4);
12. Where he/she has performed the accounting, in violation of Article 93 (1);
13. Where he/she has operated his/her electric utility business during the business suspension period.
(2) In the following cases, paragraph (1) shall not apply for six months after the relevant ground arises:
1. Where a corporation comes to fall under subparagraph 6 of Article 8;
2. Where an operator of atomic power generation business comes to fall under paragraph (1) 3;
3. Where an heir who succeeded to the status of an operator of the electric utility business falls under any of subparagraphs 1 through 5 of Article 8.
(3) Where it is recognized that an operator of the electric distribution business has violated Article 6 by not operating his/her licensed electric utility business in part of his/her business zone, the Minister of Knowledge Economy may reduce part of his/her business zone.
(4) Where an operator of the electric utility business falls under any of paragraph (1) 5 through 13, the Minister of Knowledge Economy may impose a surcharge not exceeding 50 million won in lieu of the business suspension order when the suspension may cause the consumers of electricity a considerable inconvenience and jeopardize other kinds of public interests.
(5) Standards for dispositions by type of violation under paragraph (1) and standards for the imposition of surcharges under paragraph (4) shall be determined by Ordinance of the Ministry of Knowledge Economy.
(6) Where a person who is liable to pay the surcharge under paragraph (4) fails to pay it by the deadline for its payment, the Minister of Knowledge Economy may collect it in the same manner as delinquent national taxes are collected.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 13 (Hearings)   print
When the Minister of Knowledge Economy intends to revoke a license under Article 12 (1), he/she shall hold a hearing.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
SECTION 2 Operation of Business
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 Article 14 (Obligation to Supply Electricity)   print
No operator of the electricity generation business and operator of the electric sales business shall refuse to supply electricity without a justifiable ground.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 15 (Charges for Use, etc. of Electric Transmission or Distribution Installations)   print
(1) An operator of the electric transmission business or an operator of the electric distribution business shall set charges for the use of electric installations and other matters concerning the conditions of their use, as prescribed by Presidential Decree, and obtain approval therefor from the Minister of Knowledge Economy. The same shall also apply to the modification thereof.
(2) When the Minister of Knowledge Economy intends to grant approval under paragraph (1), he/she shall undergo deliberation by the Electrical Affairs Commission.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 16 (Terms and Conditions of Electricity Supply)   print
(1) An operator of the electric sales business shall prepare terms and conditions concerning electric utility charges and other conditions of supply (hereinafter referred to as "basic terms and conditions of supply") and obtain approval from the Minister of Knowledge Economy, as prescribed by Presidential Decree. The same shall also apply to the modification thereof.
(2) When the Minister of Knowledge Economy intends to grant approval under paragraph (1), he/she shall undergo deliberation by the Electrical Affairs Commission.
(3) An operator of the electric sales business may prepare terms and conditions on rates and conditions different from those prescribed in the basic terms and conditions of supply within the extent necessary for the efficient management of the demand of electricity (hereinafter referred to as "alternative terms and conditions of supply") and the consumers of electricity may choose matters prescribed in the alternative terms and conditions of supply in lieu of the basic terms and conditions of supply.
(4) An operator of the electric sales business shall keep the documents of the basic terms and conditions of supply including the alternative terms and conditions of supply (hereinafter referred to as "terms and conditions of supply") at sales offices, places of business, etc., so that the consumers of electricity may read them before the enforcement of such terms and conditions.
(5) An operator of the electric sales business shall provide electricity in accordance with the terms and conditions of supply.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 16-2 (Transaction of Electricity, etc. between Operators of District Electric Business and Operators of Electric Sales Business)   print
(1) Where there is a shortage or surplus of electricity on account of an accident or any other causes determined by Ordinance of the Ministry of Knowledge Economy, an operator of the district electric business may make transactions on such portion of shortage or surplus with an operator of the electric sales business.
(2) No operator of the electric sales business may refuse the transactions under paragraph (1) unless any justifiable grounds exist.
(3) An operator of the electric sales business shall prepare terms and conditions on electric charges and other conditions of transaction (hereinafter referred to as "supplementary terms and conditions of supply") in relation to the transactions under paragraph (1) and have them approved by the Minister of Knowledge Economy. The same shall also apply to the modification thereof.
(4) Article 16 (2) shall apply mutatis mutandis to approval under paragraph (3).
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 17 (Electric Utility Rates)   print
An operator of the electric sales business shall specify details of the utility charges by their items in electric utility bills charged to consumers of electricity, in a manner prescribed by Ordinance of the Ministry of Knowledge Economy.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 18 (Maintenance of Quality of Electric Service)   print
(1) An operator of the electric utility business shall maintain the quality of electric service that he/she provides, as prescribed by Ordinance of Ministry of Knowledge Economy.
(2) An operator of the electric utility business and the Korea Power Exchange shall measure the quality of electric service and record and preserve the results thereof, as prescribed by Ordinance of the Ministry of Knowledge Economy.
(3) Where the Minister of Knowledge Economy deems that the interest of consumers of electricity is adversely affected because the quality of electric service that an operator of the electric utility business provides has not been duly maintained in compliance with paragraph (1), he/she may order such operator of the electric utility business to repair or remodel electric installations, to improve the method of operating them, and to take other appropriate measures, after undergoing deliberation by the Electrical Affairs Commission.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 19 (Installation and Management of Electric Meters)   print
(1) Any person falling under any of the following subparagraphs shall install and manage electric meters to measure the volumes of electricity transaction by time slot:
1. Operators of the electricity generation business (excluding operators of the electricity generation business determined by Presidential Decree);
2. Persons who have set up electric installations for private use (limited to cases where they trade in electricity under the proviso to Article 31 (2));
3. Operators of the district electric business (limited to cases where they trade in electricity under Article 31 (3));
4. Operators of the electric distribution business;
5. Consumers of electricity who directly purchase electricity under the proviso to Article 32.
(2) Matters concerning the permissible errors, etc., of electric meters under paragraph (1) shall be determined by the Minister of Knowledge Economy.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 20 (Providing Service for Use of Electric Installations)   print
(1) An operator of the electric transmission business or an operator of the electric distribution business shall make electric installations available for other operators of the electric utility business or the consumers of electricity who directly purchase electricity under the proviso to Article 32 without any discrimination among them.
(2) An operator of the electric utility business may lease out electric installations to those who need to install electric communications wire facilities (hereinafter referred to as "electric communications wire facilities") under Article 51 (2) of the Framework Act on National Informatization.
(3) When an agreement has been reached pursuant to Article 51 (4) of the Framework Act on National Informatization, an operator of the electric utility business shall, as a result of the agreement, lease out electric installations to the person who requested mediation under paragraph (3) of the same Article.
(4) A person who installs electric communications wire facilities with electric installations leased under paragraphs (2) and (3) shall comply with the technical standards for the safety control of electric installations under Article 67.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 21 (Prohibited Acts)   print
(1) No operator of the electric utility business shall commit any of the following acts which may jeopardize a fair competition at the electric utility market or the interest of consumers of electricity, or have another person commit such act:
1. Submitting false materials on electricity produced at an electric power station to the Korea Power Exchange in an attempt to manipulate the transaction price of electricity under Article 33 into unduly high level;
2. Making a discrimination in providing service for the use of electric transmission or distribution installations, of failing to do his/her duty of providing such a service, or of delaying in doing such a duty;
3. Harming the activities of another operator of the electric utility business or the interest of the consumers of electricity by abusing the information on the operator of the electric utility business that he/she has acquired in the course of providing service for the use of electric transmission or distribution installations;
4. Unreasonably setting electric rates or charges for the use of electric transmission or distribution installations by unreasonably classifying costs or revenues;
5. Seriously harming the interest of the consumers of electricity in the course of supplying electricity, such as delay in per- forming service, etc. by an operator of the electric utility business;
6. Failing to implement the instructions of the Korea Power Exchange without any justifiable grounds.
(2) The types of, and criteria for, the acts under paragraph (1) shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 22 (Investigation, etc.)   print
(1) If it is deemed necessary for the protection of public interest or if an operator of the electric utility business is deemed to have committed a prohibited act under Article 21 (1), the Minister of Knowledge Economy may have a public official belonging to the Electrical Affairs Commission conduct an investigation to verify the fact.
(2) The Minister of Knowledge Economy may, if necessary for the investigation under paragraph (1), order an operator of the electric utility business to submit necessary materials or articles, and may have a public official belonging to the Electrical Affairs Commission enter the office or place of business of such operator or the place of business of any other person who is entrusted by such operator with the affairs of operation, in order to investigate books, documents, and other materials or articles.
(3) Where the Minister of Knowledge Economy conducts an investigation under paragraph (2), he/she shall notify a person subject to the investigation of the plans for investigation, including the investigation date, reasons for investigation, matters to be investigated, etc., seven days before the investigation: Provided, That the same shall not apply where an urgency is required, or where it is deemed that the purpose of investigation cannot be achieved due to the destruction of evidence, etc. if prior notice is given.
(4) A public official who enters the office or the place of business pur- suant to paragraph (2) shall carry with him/her a document verifying his/her authority and produce it to the person concerned, and, at the time of the investigation, deliver to the person concerned a paper that includes date, purpose, etc., of the investigation.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 23 (Measures against Prohibited Acts)   print
(1) Where it is deemed that an operator of the electric utility business has committed a prohibited act under Article 21 (1), the Minister of Knowledge Economy may, after undergoing deliberation by the Electrical Affairs Commission, order the operator to take any of the following measures:
1. To provide service for the use of electric transmission or distribution installations;
2. To amend the internal regulations, etc.;
3. To release information;
4. To suspend prohibited acts;
5. To publicly announce the fact that he/she has been ordered to take corrective measures due to committing the prohibited acts;
6. To take other matters determined by Presidential Decree.
(2) An operator of the electric utility business who has been given an order by the Minister of Knowledge Economy pursuant to paragraph (1) shall implement the order within a period determined by the Minister of Knowledge Economy: if it is deemed that he/she is not able to fulfill the order within the period due to natural disasters or other inevitable circumstances, the Minister of Knowledge Economy may extend the period for implementing the order.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 24 (Imposition and Collection of Surcharge on Prohibited Acts)   print
(1) When an operator of the electric utility business has committed a prohibited act under Article 21 (1), the Minister of Knowledge Economy may, as prescribed by Presidential Decree, impose and collect a surcharge within the limits of 5/100 of the amount of sales of the operator concerned, after undergoing deliberation by the Electrical Affairs Commission: the Minister of Knowledge Economy may impose or collect a surcharge not exceeding one billion won in cases determined by Presidential Decree, where no sale has been made or the amount of sale is difficult to be estimated.
(2) The types of violations referred to in paragraph (1), criteria for the imposition of surcharges, and other necessary matters shall be determined by Presidential Decree.
(3) Where a person who is obligated to pay the surcharge under paragraph (1) fails to pay it within the period of payment, the Minister of Knowledge Economy may collect it in the same manner as delinquent national taxes are collected.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 24-2 (Mutatis Mutandis Application to Operators of District Electric Business)   print
Articles 14 through 16, 17 and 20 (1) shall apply mutatis mutandis to an operator of the district electric business.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
CHAPTER III STABILITY OF SUPPLY AND DEMAND OF ELECTRICITY
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 Article 25 (Formulation of Basic Plan on Supply and Demand of Electricity)   print
(1) The Minister of Knowledge Economy shall formulate and publicly announce a basic plan on the supply and demand of electricity (hereinafter referred to as "basic plan") in order to stabilize the supply and demand of electricity. The same shall apply to the modification thereof.
(2) A basic plan shall include the following matters:
1. Matters concerning the basic direction-setting of the supply and demand of electricity;
2. Long-term outlook of the supply and demand of electricity;
3. Matters concerning plans for the establishment of electric instal- lations;
4. Matters concerning the control of the demand of electricity;
5. Other matters deemed necessary for the supply and demand of electricity.
(3) The Minister of Knowledge Economy may, if necessary to formulate a basic plan, request the operators of the electric utility business, the Korea Power Exchange and other related agencies and organizations determined by Presidential Decree to submit the relevant materials.
(4) Other matters necessary for the formulation of a basic plan shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 26 (Reporting on Plans for Establishment, etc. of Electric Installations)   print
An operator of the electric utility business shall formulate and report plans for the establishment of electric installations and for the supply of electricity to the Minister of Knowledge Economy as prescribed by Presidential Decree. The same shall also apply to the modification of reported matters.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 27 (Obligations of Operators of Electric Transmission Business, etc.)   print
An operator of the electric transmission business, an operator of the electric distribution business, and an operator of the district electric business shall be equipped with, and maintain and manage, installations meeting the standards determined and publicly notified by the Minister of Knowledge Economy so as to smoothly transmit or distribute electricity in response to changes in the supply and demand of electricity. <Amended by Act No. 7017, Dec. 30, 2003; Act No. 7744, Dec. 23, 2005; Act No. 8852, Feb. 29, 2009>
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 Article 28 (Plans for Manufacture and Supply of Fuels for Atomic Power Generation)   print
Any person who intends to manufacture and supply fuel for the atomic power generation for operators of the atomic power generation business shall, as prescribed by Presidential Decree, formulate a long-term plan for the manufacture and supply of fuel for the atomic power generation and shall have it authorized by the Minister of Knowledge Economy. The same shall also apply to the modification of authorized matters.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 29 (Control of Demand and Supply, etc. of Electricity)   print
(1) In cases of natural calamities, wars, internal turmoil, sudden changes in the economic situation, and other events similar thereto, the Minister of Knowledge Economy may, if deemed particularly necessary for the sake of public interest, issue orders on the following matters to an operator of the electric utility business or a person who has set up electric installations for private use:
1. Supply of electricity to specific operators of the electric sales business or specific operators of the district electric business;
2. Supply of electricity to specific consumers of electricity;
3. Provision of service for the use of electric transmission or distribution installations by specific operators of the electric sales business, specific operators of the district electric business or specific consumers of electricity.
(2) Where any order has been issued under paragraph (1), the amount of money to be paid or received thereby between the parties concerned and other necessary matters shall be determined by a mutual agreement between the parties concerned.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 30 (Compensation for Loss)   print
Where an operator of the electric utility business or a person who has set up electric installations for private use suffered a loss due to the orders under Article 29 (1), the Minister of Knowledge Economy shall pay due compensation.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
CHAPTER IV ELECTRIC UTILITY MARKET
SECTION 1 Formation of Electric Utility Market
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 Article 31 (Electric Utility Transaction)   print
(1) An operator of the electricity generation business and an operator of the electric sales business shall make electric utility transactions at the electric utility market in accordance with the rules on the operation of the electric utility market under Article 43: this shall not apply to cases prescribed by Presidential Decree, including islands, etc.
(2) A person who has set up electric installations for private use shall not trade the electricity that he/she produces at the electric utility market: this shall not apply to cases prescribed by Presidential Decree.
(3 )Where there is a shortage or surplus of electricity in the specific supply district, an operator of the district electric business may make transactions on such portion of shortage or surplus at the electric utility market, as prescribed by Presidential Decree.
(4) An operator of the electric sales business may preferentially purchase the electricity that a person falling under any of the following subparagraphs has produced in accordance with the rules on the operation of the electric utility market under Article 43:
1. An operator of the electricity generation business, the scale of which is smaller than the one defined by Presidential Decree;
2. A person who has set up electric installations for private use (limited to the case where electric utility transactions are made under the proviso to paragraph (2));
3. An operator of the electricity generation business who produces electricity by using new and renewable energy resources under subparagraph 1 of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy;
4. An integrated energy supplier who has been licensed to generate electricity under Article 48 of the Integrated Energy Supply Act;
5. An operator of the electricity generation business who operates a hydraulic power station.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 32 (Direct Purchase of Electricity)   print
No consumer of electricity shall purchase electricity directly from the electric utility market: Provided, That this shall not apply to a consumer who uses a volume larger than the one defined by Presidential Decree.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 33 (Transaction Price of Electricity)   print
The transaction price of electricity fixed at the electric utility market (hereinafter referred to as "transaction price of electricity") shall be determined by the interaction of the supply and demand of electricity that is measured by time slot.
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 Article 34 (Agreement on Compensation for Difference)   print
An operator of the electricity generation business may conclude an agreement with an operator of the electric sales business, an operator of the district electric business entitled to purchase electricity pursuant to Article 31 (3) or a consumer of electricity entitled to directly purchase electricity pursuant to the proviso to Article 32, on the setting of a standard price and compensating for difference between the standard price and the transaction price of electricity, in order to reduce risks caused by the fluctuations of the transaction prices.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
SECTION 2 Korea Power Exchange
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 Article 35 (Establishment)   print
(1) The Korea Power Exchange shall be established for the purpose of operating the electric utility market and the electric control system.
(2) The Korea Power Exchange shall be a corporate entity.
(3) The principal office of the Korea Power Exchange shall be located in the Seoul Special Metropolitan City.
(4) The Korea Power Exchange shall be duly formed by registering its establishment at the registry for the area in which the principal office is located.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 36 (Business)   print
(1) The Korea Power Exchange shall conduct any of the following business in order to achieve its purposes:
1. Business of opening and operating the electric utility market;
2. Business of electric utility transaction;
3. Business of screening membership qualifications;
4. Business of charging, adjusting, and paying the amount of electric utility transaction and the cost arising from the electric utility transaction;
5. Business of calculating the volume of electric utility transacted;
6. Business of establishing and amending all the related rules and regulations including the rules on the operation of the electric utility market under Article 43;
7. Business of operating the electric control system;
8. Business of measuring the quality of electric service and recording and preserving the results thereof under Article 18 (2);
9. Business incidental to the business under subparagraphs 1 through 8.
(2) The Korea Power Exchange may entrust part of its business under paragraph (1) to another agency or organization.
(3) The Korea Power Exchange may operate different accounts in respect to each of its business areas of mutually different characteristics.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 37 (Matters to be Entered in Articles of Association)   print
The articles of association of the Korea Power Exchange shall include the following matters as well as those provided for in Article 16 (1) of the Act on the Management of Public Institutions:
1. Matters concerning assets;
2. Matters concerning members;
3. Matters concerning membership deposits;
4. Matters concerning the transfer and return of the equity of members.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 38 (Relationship with other Acts)   print
Except as otherwise provided for in this Act and the Act on the Management of Public Institutions, the provisions of the Civil Act on the corporate juridical person (excluding Article 39 of the same Act) shall apply mutatis mutandis to the Korea Power Exchange. In such cases, "members", "general meeting of members" and "directors or auditors" of a corporate judicial person shall be deemed "members", "general meeting of members" and "executive members of the Korea Power Exchange", respectively.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 39 (Qualifications for Members)   print
Members of the Korea Power Exchange shall be as follows:
1. Operators of the electricity generation business who make electric utility transactions at the electric utility market;
2. Operators of the electric sales business;
3. Consumers of electricity who purchase electricity directly from the electric utility market;
4. Persons with electric installations for private use who make electric utility transactions at the electric utility market;
5. Operators of the district electric business who make electric utility transactions at the electric utility market;
6. Persons who meet requirements prescribed by the articles of association of the Korea Power Exchange, from among those who do not make electric utility transactions at the electric utility market.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 40 (Expenditure for Operation of Korea Power Exchange)   print
(1) Expenditures for the Korea Power Exchange shall be met by financial resources in the following subparagraphs:
1. Membership fees;
2. Commissions on electric utility transactions;
3. Other revenues prescribed by Ordinance of the Ministry of Knowledge Economy.
(2) The Korea Power Exchange shall, as prescribed by Presidential Decree, determine commissions under paragraph (1) 2 and report thereupon to the Minister of Knowledge Economy.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 41 (Disclosure of Information)   print
The Korea Power Exchange shall, as prescribed by Presidential Decree, disclose information on the electric utility market, such as volumes of electric utility transactions, transaction price of electricity, outlook of electric demand, etc.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 42 (Prohibition of Revelation of Confidential Information, etc. by Executives and Staff Members)   print
(1) No executives and staff members of the Korea Power Exchange shall reveal or abuse confidential information they have become aware of in the course of performing their duties, or allow other persons to make use of such confidential information.
(2) Paragraph (1) shall apply mutatis mutandis to executives and staff members of the agency or organization to which the Korea Power Exchange has entrusted part of its business under Article 36 (2).
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 43 (Rules on Operation of Electric Utility Market)   print
(1) The Korea Power Exchange shall establish rules on the operation of the electric utility market and the electric control system (hereinafter referred to as "rules on the operation of the electric utility market").
(2) Where the Korea Power Exchange intends to formulate, modify, or repeal the rules on the operation of the electric utility market, it shall obtain approval therefor from the Minister of Knowledge Economy.
(3) Where the Minister of Knowledge Economy is to grant approval under paragraph (2), he/she shall refer this matter to the Electrical Affairs Commission for deliberation.
(4) The rules on the operation of the electric utility market shall include the following matters:
1. Matters concerning the methods of electric utility transactions;
2. Matters concerning the adjustment and settlement of the accounts of electric utility transactions;
3. Matters concerning the disclosure of information on electric utility transactions;
4. Matters concerning the procedures and methods of the operation of the electric control system;
5. Matters concerning the installation of electric meters and the measurement;
6. Matters concerning mediation of disputes over electric utility trans- actions;
7. Other matters deemed necessary to operate the electric utility market.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 44 (Requirements for Taking Part in Electric Utility Market)   print
Any person who is not a member of the Korea Power Exchange shall not be permitted to make electric utility transactions at the electric utility market.
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 Article 45 (Methods of Operating Electric Control System)   print
(1) The Korea Power Exchange may issue instructions necessary to operate the electric control system, to operators of the electric utility business. In such cases, the instructions for operators of the electricity generation business shall be based upon the priority of electricity generation that has been determined at the electric utility market.
(2) Notwithstanding the latter part of paragraph (1), the Korea Power Exchange may, if deemed necessary for the operation of the electric control system, issue an instruction that it not in conformity with such a priority of electricity generation. In such cases, the new instruction with changed priority shall be determined fairly and objectively.
(3) The Minister of Knowledge Economy may, as prescribed by Ordinance of the Ministry of Knowledge Economy, entrust part of the operational affairs of the electric control system to an operator of the electric transmission business or an operator of the electric distribution business. In such cases, matters necessary in respect to the scope of the operational affairs, etc., shall be determined and publicly announced by the Minister of Knowledge Economy.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 46 (Emergency Measure)   print
(1) In cases of natural calamities, wars, internal turmoil, sudden change of the economic situation and other events similar thereto, the Minister of Knowledge Economy may, if deemed that normal electric transactions are impossible, suspend or restrict electric transactions at the electric utility market or take other necessary measures therefor.
(2) After the Minister of Knowledge Economy took the measures provided for in paragraph (1), he/she shall remove such measures without delay, if deemed that the grounds therefor cease to exist.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
CHAPTER V CREATION OF FOUNDATION OF ELECTRICUTILITY INDUSTRY
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 Article 47 (Formulation and Implementation of Plans for Creation of Foundation of Electric Utility Industry)   print
(1) The Minister of Knowledge Economy shall formulate and implement a plan for the creation of the foundation of the electric utility industry (hereinafter referred to as "plan for the creation of the foundation of the electric utility industry") in order to promote the sustained development of the electric utility industry and the stability of the supply and demand of electricity.
(2) The plan for the creation of the foundation of the electric utility industry shall include the following matters:
1. Matters concerning the fundamental direction-setting of the electric utility industry;
2. Matters concerning the projects set forth in each subparagraph of Article 49;
3. Matters concerning the fostering of experts for the electric utility industry;
4. Matters concerning the promotion of, and assistance to, electrical research institutes and organizations;
5. Matters concerning the use of coal supply for electricity generation with a view to a long-term plan for the coal industry under Article 3 of the Coal Industry Act;
6. Other matters necessary to create the foundation of the electric utility industry.
(3) Matters necessary to formulate and implement a plan for the creation of the foundation of the electric utility industry shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 47-2 (Establishment, etc. of Power Policy Council)   print
(1) The Electric Policy Council shall be established under the Ministry of Knowledge Economy in order to deliberate upon important matters concerning the supply and demand of electricity and the creation of the foundation of the electric utility industry.
(2) The Power Policy Council shall deliberate upon the following matters:
1. A master plan;
2. A plan for the creation of the foundation of the electric utility industry;
3. An implementation plan of the plan for the creation of the foundation of the electric utility industry;
4. Other matters that are important for the development of the electric utility industry and referred by the Minister of Knowledge Economy for deliberation.
(3) Necessary matters concerning the composition and operation of the Power Policy Council shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 9017, Mar. 28, 2008]
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 Article 48 (Establishment of Fund)   print
The Government shall establish the Electrical Industry Foundation Fund (hereinafter referred to as the "Fund") to secure financial resources that may be necessary for the sustained development, and the creation of the foundation, of the electric utility industry.
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 Article 49 (Use of Fund)   print
The Fund shall be used to implement the following projects or programs:
1. Assistance program to operators who produce electricity by using new and renewable energy resources under subparagraph 1 of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy;
2. Electric demand control program;
3. Project for promoting electric resources development;
4. Project designed to assist in providing electricity to the residents of islands and remote places;
5. Research and development program on the electric utility industry;
6. Project designed to assist in domestic coal industry, liquefied natural gas industry, and integrated energy industry, in combination with the electric utility industry;
7. Assistance program on the survey, research and publicity of electrical safety affairs;
8. Project to inspect electric installations for general use;
9. Assistance project to the neighboring area under the Act on Assistance to Electric Power Plants-Neighboring Areas;
10. Other important projects and programs on the electric utility industry determined by Presidential Decree.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 50 (Creation of Fund)   print
(1) The Fund shall be created with the following financial resources:
1. Charges and additional dues under Article 51;
2. Proceeds accrued from the operation of the Fund;
3. Revenues determined by Presidential Decree.
(2) In addition to the financial resources created under paragraph (1), the Minister of Knowledge Economy may, under the obligation to be incurred by the Fund, borrow funds from the Special Accounts for Energy and Resources-related Projects, or other funds.
(3) When the Minister of Knowledge Economy is to borrow funds under paragraph (2), he/she shall, in advance, consult with the Minister of Strategy and Finance.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 51 (Charges)   print
(1) In order to implement the projects or programs under any subparagraphs of Article 49, the Minister of Knowledge Economy may impose and collect charges on consumers of electricity within the limits of 65/1000 of the electric utility rates (in the case of the consumers of electricity who directly purchases electricity under the proviso to Article 32, referring to the sum of a purchasing price and the charges for the use of electric transmission or distribution installations provided for in Article 15), as prescribed by Presidential Decree.
(2) The Minister of Knowledge Economy may choose not to impose or collect charges on the person using electricity falling under any of the following subparagraphs, notwithstanding paragraph (1):
1. Electricity generated by independent power facilities (including independent power facilities under the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy);
2. Electricity for the pumping-up power business, used for the purpose of producing the electricity to sell to the electric utility market;
3. Electricity supplied within a specific supply district by an operator of the district electric business (including an operator of the inte- grated energy supply business regarded under this Act as an operator of the district electric business).
(3) Where a person who is liable to pay the charge prescribed in paragraph (1) fails to pay the charge by the deadline for its payment, the Minister of Knowledge Economy shall collect additional dues, set by Presidential Decree within 5/100 of the charges, on arrears for a period from the day following the deadline to the day before the payment date.
(4) Where a person who is liable to pay the charge prescribed in paragraph (1) fails to pay the charge by the deadline for its payment, the Minister of Knowledge Economy shall urge him/her to pay within a newly specified period and may, if the charge and the additional dues under paragraph (3) are not paid within the newly specified period, collect it in the same manner as delinquent national taxes are collected.
(5) The Minister of Knowledge Economy shall place the charges and additional dues collected under paragraphs (1) and (3) in the account of the Fund.
(6) The Minister of Knowledge Economy shall endeavor to reduce the charges provided for in paragraph (1) and shall take measures necessary therefor.
(7) Necessary matters for the collection of the charges, etc., shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 52 (Operation and Management of Fund)   print
(1) The Fund shall be operated and managed by the Minister of Knowledge Economy.
(2) The Minister of Knowledge Economy may delegate part of the affairs of operation and management of the Fund to a corporation or organization determined by Presidential Decree.
(3) Necessary matters for the operation and management of the Fund shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
CHAPTER VI ELECTRICAL AFFAIRS COMMISSION
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 Article 53 (Establishment and Formation of Electrical Affairs Commission)   print
(1) The Electrical Affairs Commission shall be established in the Ministry of Knowledge Economy in order to deliberate on matters concerning a fair competitive environment for the electric utility and the protection of the interest of the consumers of electricity as well as to adjudicate on disputes arising in relation to the electric utility.
(2) The Electrical Affairs Commission shall consist of not more than nine members, including one chairperson and the number of members determined by Presidential Decree shall be standing members.
(3) The members of the Electrical Affairs Commission, including the chairperson shall be appointed or commissioned by the President on the recommendation by the Minister of Knowledge Economy.
(4) The Electrical Affairs Commission shall have a secretariat to conduct its clerical affairs.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 54 (Qualifications, etc. for Members)   print
(1) Members of the Electrical Affairs Commission shall be as follows:
1. A public official who is or was in the position of Grade III or higher;
2. A person who is or was in the position of a judge, a public prosecutor, or a lawyer, for ten or more years;
3. A person who serves or served as an associate professor or higher position for a university under the Higher Education Act or an officially recognized-research institute, or who has been or had been in the position equal to or higher than an associate professor for not less than ten years, after the completion of his/her studies in the field of law, economics, business management, electrical engineering or other electricity-related discipline at a university;
4. A person who has served as a representative or a standing executive in an electricity-related company for not less than five years or who has served in an electricity-related company for not less than five years;
5. A person who has served in an electricity-related organization or a consumer protection-related organization for not less than ten years.
(2) The terms of service under paragraph (1) 2 and 3 shall be summed up.
(3) The term of office for the members who are not public officials shall be three years and they may be reappointed.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 55 (Guarantee of Status of Members)   print
No members of the Electrical Affairs Commission shall be relieved from office against his/her will unless he/she falls under any of the following subparagraphs:
1. Where he/she is sentenced to imprisonment without prison labor or heavier punishment;
2. Where he/she is unable to perform his/her duties for a long time due to a mental or physical disability.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 56 (Affairs of Electrical Affairs Commission)   print
(1) The Electrical Affairs Commission shall deliberate on the following matters and make an adjudication under Article 57:
1. Matters concerning electric utility licenses and modified business licenses under Article 7;
2. Matters concerning approval for the acquisition of the electric utility or for the division or merger of a corporation under Article 10;
3. Matters concerning the revocation of electric utility licenses, the suspension of business, the reduction of the business zone, and the imposition of surcharges under Article 12;
4. Matters concerning approval for charges for, and for other conditions of, the use of electric transmission or distribution installations under Article 15;
5. Matters concerning approval for the basic terms and conditions of supply and supplementary terms and conditions of supply of an operator of the electric sales business under Articles 16 and 16-2;
6. Matters concerning approval for the basic terms and conditions of supply of an operator of the district electric business under Article 16 that are applied mutatis mutandis under Article 24-2;
7. Matters concerning the repairs or remodelling of electric installations, the improvement of the methods of operating electric installations, and other necessary measures under Article 18 (3);
8. Matters concerning measures to be taken against prohibited acts under Article 23 (1);
9. Matters concerning the imposition and collection of surcharges for prohibited acts under Article 24 (1);
10. Matters concerning approval for the rules on the operation of the electric utility market;
11. Matters concerning the protection of the interest of the consumers of electricity;
12. Matters concerning the restructuring of the electric utility industry, such as the introduction of a competitive system thereto;
13. Matters defined by other Acts and subordinate statutes as matters to be deliberated by the Electrical Affairs Commission;
14. Matters requested by the Minister of Knowledge Economy to be referred for deliberation.
(2) The Electrical Affairs Commission may make a recommendation to the Minister of Knowledge Economy regarding the management and operation of the electric utility market.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 57 (Adjudication of Electrical Affairs Commission)   print
(1) Where operators of the electric utility business, consumers of electricity, etc. have not reached or cannot reach between themselves an agreement on matters relating to electric utility set out in any of the following subparagraphs, they may apply to the Electrical Affairs Commission for adjudication thereupon:
1. Matters concerning charges for, and other conditions of, the use of electric transmission or distribution installations under in Article 15;
2. Matters concerning the terms and conditions of supply;
3. Matters concerning an agreement between the parties concerned on the payment or receipt of an amount of charges resulting from the orders issued for the adjustment of the electric supply and demand under Article 29;
4. Matters concerning the responsibility for bearing expenses under Article 72;
5. Matters concerning the compensation for a loss under Article 90;
6. Other disputes arising in relation to the electric utility or matters defined by other Acts as matters subject to adjudication by the Electrical Affairs Commission.
(2) Where the Electrical Affairs Commission has received an application for adjudication under paragraph (1), it shall notify the other party concerned of its receipt of the application and provide him/her an opportunity to state his/her opinion within a specified period: Provided, That if he/she fails to comply therewith without any justifiable grounds, this shall not apply.
(3) Where the Electrical Affairs Commission has made an adjudication in respect to the application for adjudication under paragraph (1), it shall promptly serve the original texts of its adjudication on the parties concerned.
(4) Where no lawsuit has been filed in respect to the contents of the said adjudication within 60 days from the date when the original texts of the adjudication has been served on the parties concerned or where any lawsuit raised in respect thereto has been withdrawn, it shall be deemed that an agreement to the same effect as the contents of the adjudication has been reached between the parties concerned.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 58 (Quorum)   print
The Electrical Affairs Commission shall make a decision with the concurrent vote of a majority of its total registered members.
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 Article 59 (Expert Committee)   print
(1) The Electrical Affairs Commission may have expert committees by the area of expertise to perform its affairs efficiently.
(2) Matters necessary for the formation, affairs and operation of expert committees under paragraph (1) shall be determined by Ordinance of the Ministry of Knowledge Economy.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 60 (Formation and Operation)   print
Except as provided for in this Act, matters necessary for the formation, operation, etc. of the Electrical Affairs Commission shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
CHAPTER VII SAFETY CONTROL OF ELECTRIC INSTALLATIONS
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 Article 61 (Approval for, or Reporting on, Plans of Works for Setting up Electric Installations for Electric Utility)   print
(1) If an operator of the electric utility business intends to do works defined by Ordnance of the Ministry of Knowledge Economy as the works for setting up or altering electric installations for the electric utility, he/she shall obtain approval for his/her plan for the works from the Minister of Knowledge Economy. The same shall also apply to the modification of approved matters.
(2) If an operator of the electric utility business intends to modify minor matters defined by Ordinance of the Ministry of Knowledge Economy, among the approved matters, he/she shall, notwithstanding the latter part of paragraph (1), report thereupon to the Minister of Knowledge Economy.
(3) If an operator of the electric utility business intends to do works defined by Ordinance of the Ministry of Knowledge Economy as works for setting up or altering electric installations, other than those subject to approval under paragraph (1), he/she shall report thereupon to the Minister of Knowledge Economy before commencing the works. The same shall also apply to the modification of reported matters.
(4) If electric installations are destroyed or damaged due to accidents or natural disasters or by other reasons, or the occurrence of a state of emergency, such as a war or internal turmoil, makes an urgent commencement of electric works inevitable, an operator of the electric utility business shall, notwithstanding paragraphs (1) through (3), commence the works, as prescribed by Ordinance of the Ministry of Knowledge Economy, and promptly report thereupon to the Minister of Knowledge Economy thereafter.
(5) Matters necessary for approval under paragraph (1) and reporting under paragraphs (2) through (4) shall be determined by Ordinance of the Ministry of Knowledge Economy.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 62 (Approval for, or Reporting on, Plans for Works for Setting up Elec- tric Installations for Private Use)   print
(1) When a person intends to do works defined by Ordinance of the Ministry of Knowledge Economy as the works for setting up or altering electric installations for private use, he/she shall obtain approval for his/her plan for the works from the Minister of Knowledge Economy. The same shall also apply to the modification of approved matters.
(2) When a person intends to do works determined by Ordinance of the Ministry of Knowledge Economy as the works for setting up or altering electric installations for private use, other than those subject to approval under paragraph (1), he/she shall report thereupon to the Mayor/Do Governor before commencing the works. The same shall also apply to the modification of reported matters.
(3) In the case of the works for setting up or altering low-pressure electric installations for private use defined by Ordinance of the Ministry of Knowledge Economy, the report on the plan for works may, notwithstanding the former part of paragraph (2), be replaced by an application for inspection prior to operation under Article 63.
(4) Article 61 (4) shall apply mutatis mutandis to works for setting up or altering electric installations for private use.
(5) Matters necessary for approval under paragraph (1) and reporting under paragraphs (2) and (4) shall be determined by Ordinance of the Ministry of Knowledge Economy.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 63 (Inspection Prior to Use)   print
When a person has completed the works for setting up or altering electric installations in accordance with Article 61 or 62, he/she shall use these installations only after they have passed an inspection conducted by the Minister of Knowledge Economy or a Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Knowledge Economy.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 64 (Temporary Use of Electric Installations)   print
(1) Where it is deemed that electric installations have no difficulty in their safe operation and their temporary operation is necessary, although they failed to pass the inspection under Article 63, the Minister of Knowledge Economy or a Mayor/Do Governor may permit the temporary use of such installations with the period and the method of operation specified. In such cases, the Minister of Knowledge Economy or the Mayor/Do Governor shall make notification with the period and method of operation specified.
(2) The standard for a permit for temporary use of electric installations under paragraph (1), such as cases where an emergency spare generator is not completed, etc., the use period within the limit of one year, the method of temporary use of electric installations under paragraph (1), and other necessary matters shall be prescribed by Ordinance of the Ministry of Knowledge Economy.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 65 (Periodical Inspection)   print
An operator of the electric utility business and an owner or possessor of electric installations for private use shall, as prescribed by Ordinance of the Ministry of Knowledge Economy, undergo periodical inspections conducted by the Minister of Knowledge Economy or a Mayor/Do Governor, with regard to electric installations prescribed by Ordinance of the Ministry of Knowledge Economy.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 66 (Inspections of Electric Installations for General Use)   print
(1) The Minister of Knowledge Economy shall have the Korea Electrical Safety Corporation under Article 74 (hereinafter referred to as the "Safety Corporation") or an operator of the electric sales business inspect (the inspection by an operator of the electric sales business shall be limited to electric installations prescribed by Presidential Decree, among the inspections prior to use; hereafter in this Article, the same shall apply) as to whether the electric installations for general use satisfy the technical standards required for the safety control of electric installations under Article 67, periodically before and during the use of relevant electric installations, as prescribed by Ordinance of the Ministry of Knowledge Economy: Provided, That the same shall not apply in cases where, for the periodical inspection on electric installations for general use set up in a dwelling structure (hereinafter referred to as "periodical inspection"), any consent for such inspection is unobtainable from the relevant owner or occupant.
(2) Where, as a result of the inspection under the main sentence of paragraph (1), it is deemed that the electric installations for general use fail to meet the technical standards for the safety control of electric installations under Article 67, the Safety Corporation and the operator of the electric sales business shall promptly notify the owner or occupant concerned of the following matters:
1. Details of measures necessary for compliance with the technical standards for the safety control of electric installations under Article 67;
2. Consequences that may arise from the failure to take measures under subparagraph 1;
(3) Where, as a result of a periodical inspection, minor repair (limited to minor electric works under the proviso to Article 3 (1) of the Electrical Construction Business Act) is necessary for any electric installations that do not comply with the technical standards for the safety control of electric installations under Article 67, and where there exists a request of the owner or the occupant of the relevant electric installations, the Safety Corporation may directly repair them.
(4) Where the Safety Corporation and an operator of the electric sales business performs the duty of inspection or notification under paragraph (1) or (2), they shall prepare and preserve the records of the matters determined by Ordinance of the Ministry of Knowledge Economy.
(5) Where, as a result of the inspection on whether the measures notified under paragraph (2) have been taken, the relevant owner or occupant fails to take the measures notified under paragraph (2) 1, the Safety Corporation shall notify the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu (hereinafter referred to as the "head of a Si/Gun/Gu") of such failure to take the measures. In such cases, the head of a Si/Gun/Gu shall order the relevant owner or occupant to repair, remodel or relocate the relevant electric installations (hereinafter referred to as "improvement order"): Provided, That in cases prescribed by Ordinance of the Ministry of Knowledge Economy and where it is deemed that there exists no time for waiting an improvement order from the head of a Si/Gun/Gu since the status of electric installations failing to satisfy the technical standards is serious, the Safety Corporation shall notify the head of a Si/Gun/Gu thereof after it directly issues an improvement order.
(6) Where an electricity-related disaster is likely to occur because the owner or occupant of electric installations for general use failed to comply with an improvement order (including the case where the Safety Corporation directly issues an improvement order), the head of a Si/Gun/Gu shall, as prescribed by Ordinance of the Ministry of Knowledge Economy, request an operator of the electric sales business to suspend the supply of electricity to the owner or occupant concerned and immediately notify the Safety Corporation of the fact that the owner or occupant concerned failed to comply with the improvement order. In such cases, the operator of the electric sales business in receipt of a request for suspending electricity supply shall comply therewith unless any extraordinary grounds exist.
(7) The Safety Corporation may, as prescribed by Ordinance of the Ministry of Knowledge Economy, request an operator of the electric sales business to provide the data required for the inspection under paragraph (1). In such cases, the operator of the electric sales business in receipt of the request for the data shall comply with such request unless any extraordinary grounds exist.
(8) Anyone who makes the inspection under paragraph (1) shall carry a certificate verifying his/her authority and produce it to the persons concerned.
(9) The standards for, and the method of, the inspection under paragraph (1) and other necessary matters shall be determined by Ordinance of the Ministry of Knowledge Economy.
(10) Paragraphs (1), (2), (4), and (6) through (9) shall apply mutatis mutandis to operators of the district electric business. In such cases, "operator of the electric sales business" shall be deemed "operator of the district electric business".
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 66-2 (Electrical Safety Inspection on Facilities, etc. Used by Multitude)   print
(1) Any person who intends to operate facilities falling under any of the following or to expand or rebuild the relevant facilities shall, as prescribed by Ordinance of the Ministry of Knowledge Economy, undergo a safety inspection by the Safety Corporation on the electric installations set up in the relevant facilities before filing an application for a permit, registration or authorization or submitting a report (including an application filed for changing the permit, registration or authorization and a report made on the change, following the change of the location of the relevant facilities) as prescribed by the Acts and subordinate statutes stated in the following subparagraphs for the operation of relevant facilities, or before filing an application for approval for use of the structures pursuant to the Building Act:
1. Juvenile training facilities under the Juvenile Activity Promotion Act:
2. Facilities for a business to provide the viewing of video products under the Promotion of the Motion Pictures and Video Products Act, a game-providing business and a business to provide Internet computer game facilities under the Game Industry Promotion Act, and a business for singing practice room under the Music Industry Promotion Act;
3. Facilities for a business of danran bistro and a business of amusement and tavern quarters prescribed by Presidential Decree, among food and entertainment businesses under the Food Sanitation Act;
4. Care facilities under the Infant Care Act;
5. Kindergartens under the Early Childhood Education Act;
6. Other facilities prescribed by Presidential Decree for which a safety inspection on electric installations is deemed to be required.
(2) Any person who intends to alter the current status of the designated cultural property and the facilities installed within the protected zone concerned under the Cultural Heritage Protection Act pursuant to Article 35 (1) 1 and 2 of the same Act (including the cases where it applies mutatis mutandis under Article 74 of the same Act; hereinafter the same shall apply) shall, as prescribed by Ordinance of the Ministry of Knowledge Economy under paragraph (1), undergo a safety inspection by the Safety Corporation after the alteration of the current status is completed. <Amended by Act No. 10000, Feb. 4, 2010>
(3) In conducting safety inspections under paragraphs (1) and (2), the Safety Corporation shall keep and preserve a record of the matters prescribed by Ordinance of the Ministry of Knowledge Economy.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 66-3 (Special Safety Inspection and Emergency Measures)   print
(1) The Minister of Knowledge Economy may have the Safety Corporation conduct a special safety inspection in order to determine whether electric installations set up in the facilities under each of the following subparagraphs are in conformity with the technical levels necessary to ensure the safety control of electric installations under Article 67:
1. Facilities where electric accidents on the grounds of disasters, such as typhoons, heavy snowfall, etc. occur or are likely to occur;
2. Facilities feared to be vulnerable to electric accidents during the fragile times caused by seasonal factors, such as the rainy season, the winter season, etc.;
3. Facilities subject to safety inspection, which are conducted jointly by the State or local governments with relevant administrative agencies in order to prevent fire;
4. Facilities used by the State or local governments to hold events.
(2) The Safety Corporation shall notify the owners or the occupants of electric installations and administrative agencies concerned of the results of special safety inspection pursuant to paragraph (1).
(3) Where any owner or any occupant of electric installations for general use (limited to the residental use) asks for emergency measures necessary to remove the inconvenience in the use of electricity or to ensure the safety in the use of electricity, the Minister of Knowledge Economy may have the Safety Corporation take such emergency measures therefor promptly.
(4) Detailed matters concerning the subject matters, the scope, etc. of the emergency measures under paragraph (3) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 67 (Technical Standards)   print
The Minister of Knowledge Economy shall determine and publicly announce technical standards necessary for the safety control of electric installations (hereinafter referred to as "technical standards"). The same shall apply to modifying them. <Amended by Act No. 8852, Feb. 29, 2009>
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 Article 68 (Maintenance of Electric Installations)   print
An operator of the electric utility and an owner or occupant of electric installations for private use or for general use shall maintain electric installations in such manner as to meet the technical standards.
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 Article 69 (Protection of Underwater Wires)   print
(1) An operator of the electric utility business may, if necessary, apply to the Minister of Knowledge Economy for the designation of an underwater wire protection zone to protect electric wires laid underwater (hereinafter referred to as "underwater wires").
(2) When the Minister of Knowledge Economy receives an application under paragraph (1), he/she may designate an underwater wire protection zone. In such cases, when he/she is to designate an aquaculture zone authorized under the Fisheries Act as an underwater wire protection zone, he/she shall obtain the consent thereto from the licensee of the relevant aquaculture zone.
(3) When the Minister of Knowledge Economy has designated an underwater wire protection zone, he/she shall give public notice thereof.
(4) Where the Minister of Knowledge Economy intends to designate an underwater wire protection zone, he/she shall in advance consult with the Minister for Food, Agriculture, Forestry and Fisheries and the Minister of Land, Transportation and Maritime Affairs.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 70 (Prohibition of Damage to Wires within Underwater Wire Protection Zone)   print
No one shall, within the underwater wire protection zone under Article 69, conduct any of the following activities: Provided, That this shall not apply where he/she obtains approval from the Minister of Knowledge Economy:
1. Damaging underwater wires;
2. Anchoring;
3. Digging up minerals and collecting marine products;
4. Other activities prescribed by Presidential Decree, which may cause damage to underwater wires.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 71 (Issuing Order to Meet Technical Standards)   print
Where it is deemed that electric installations or electric communication wire installations set up pursuant to Article 20 (4) fail to meet the technical standards as a result of an inspection under Article 63 or 65, the Minister of Knowledge Economy or a Mayor/Do Governor may order an operator of the electric utility business or the owner or occupant of electric installations for private use or for general use (including the person who set up the electric communication wire installations) to repair, remodel, relocate, or to suspend or restrict the use of the electric installations or the electric communication wire installations.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 72 (Relocation, etc. of Installations)   print
(1) Where any mutual obstruction has been caused or any impediment has been inflicted between electric installations for the electric utility or for private use and electric installations or other goods owned by another person, the person who has provided causes shall later take measures necessary for removing such obstruction or impediments or bear expenses required for such measures.
(2) Where any ground objects and other goods established by another person has caused electric installations for the electric utility to fail to meet the technical standards, the person who has set up the ground objects and other goods shall either take measures necessary for making the relevant electric installations for the electric utility to satisfy the technical standards, or may request an operator of the electric utility business to take necessary measures.
(3) An operator of the electric utility business shall, upon receipt of a request under paragraph (2), take necessary measures, except for the cases prescribed by Presidential Decree where it is difficult in the performance of duties or in the technical phases, such as it is impossible to secure the site for the relevant measures or to make the relevant installations satisfy the technical standards.
(4) The expenses incurred in measures under paragraphs (2) and (3) shall be borne by the person who has established the ground objects and other goods: Provided, That in the wake of an establishment of electric wire routes in the air above the land of another person under Article 89, where the owner or occupant of such land establishes ground objects and other goods on such land, the relocation expenses may be reduced or exempted in accordance with the standards prescribed by Presidential Decree, such as the relocation plan, lapsed years of the relevant routes, etc.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 73 (Appointment, etc. of Electrical Safety Supervisors)   print
(1) An operator of the electric utility business or an owner or occupant of electric installations for private use shall, as prescribed by Ordinance of the Ministry of Knowledge Economy, appoint an electrical safety supervisor by each field, from among those who have obtained qualifications for technicians in the fields of electricity, machine, and engineering under the National Technical Qualifications Act, in order to have him/her perform safety control service in connection with the works, maintenance, and operation of electric installations (excluding the electric installations not in service).
(2) Notwithstanding paragraph (1), an owner or occupant of electric installations for private use may entrust the duties concerning the safety control of electric installations to persons falling under any of the following subparagraphs. In such cases, any person entrusted with the safety control duties shall appoint an electrical safety supervisor by field under paragraph (1):
1. A person specialized in the electrical safety control duties who meets the requirements prescribed by Presidential Decree, such as capital, technical manpower to be retained, etc.;
2. A person specialized in the facilities management who retains the person who has acquired the technical qualification by field under paragraph (1).
(3) Notwithstanding paragraph (1), an owner or occupant of electric installations (limited to electric installations for private use and power-generation installations that generate electricity in use of solar energy and fuel cells provided for in Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy) below the scale defined by Ordinance of the Ministry of Knowledge Economy may, as prescribed by Ordinance of the Ministry of Knowledge Economy, have a person falling under any of the following subparagraphs perform by proxy the safety control duties. In such cases, the person performing by proxy the safety control duties shall be deemed to have been appointed as an electrical safety supervisor:
1. The Safety Corporation;
2. A vicarious operator of the electrical safety control who meets the requirements prescribed by Presidential Decree, such as capital, technical manpower to be retained, etc.;
3. A person who has acquired the technical qualification in electricity field and who retains the equipment prescribed by Presidential Decree.
(4) Notwithstanding paragraphs (1) through (3), with respect to an area or electric installations for which it is deemed to be difficult, or to be inadequate, to appoint an electrical safety supervisor or to make a fictitious appointment, an electrical safety supervisor may be appointed as separately prescribed by Ordinance of the Ministry of Knowledge Economy.
(5) A person who has appointed an electrical safety supervisor under paragraphs (1) through (4) shall designate an acting person, where the electrical safety supervisor is temporarily unable to perform his/her duties due to a trip or disease or by any other reasons, for such period, and where the electrical safety supervisor is dismissed, until the appointment of another electrical safety supervisor, respectively.
(6) Matters necessary for the detailed technical qualifications and duties of an electrical safety supervisor under paragraphs (1) through (4) and the scope of an agency service for electrical safety control to be conducted by a person vicariously performing the electrical safety control under paragraph (3) shall be prescribed by Ordinance of the Ministry of Knowledge Economy.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 73-2 (Reporting, etc. on Appointment and Dismissal of Electrical Safety Supervisors)   print
(1) A person who has appointed or dismissed an electrical safety supervisor under Article 73 (1) through (4) shall promptly report to an organization designated and publicly notified by the Minister of Knowledge Economy (hereinafter referred to as "electric technicians association"), among organizations of electric technicians under Article 18 (1) of the Electric Technology Management Act, as prescribed by Ordinance of the Ministry of Knowledge Economy. The same shall also apply to the modification of any matter prescribed by Ordinance of the Ministry of Knowledge Economy, among the reported matters.
(2) The electric technicians association shall, when the person who has filed a report on appointment of an electrical safety supervisor under paragraph (1) requests the issuance of a certificate for completion of appointment report, issue such certificate, as prescribed by Ordinance of the Ministry of Knowledge Economy.
(3) A person who reports the dismissal of any electrical safety supervisor pursuant to paragraph (1) shall select and appoint another electrical safety supervisor within 30 days from the date of dismissal of such electrical safety supervisor.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 73-3 (Duty of Loyalty, etc. of Electrical Safety Supervisors)   print
(1) An electrical safety supervisor shall conscientiously perform the duties under Article 73 (6).
(2) An operator of the electric utility business, an owner or occupant of electric installations for private use (including any person entrusted with the safety control duties of electric installations under Article 73 (2)) and their employees shall comply with the opinions of an electrical safety supervisor concerning the safety control.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 73-4 (Education, etc. of Electrical Safety Supervisors)   print
(1) An electrical safety supervisor shall undergo education for works, maintenance, and operation of electric installations (hereinafter referred to as "safety control education"), as prescribed by Ordinance of the Ministry of Knowledge Economy.
(2) A person who has appointed an electrical safety supervisor shall dismiss an electrical safety supervisor who fails to undergo safety control education without any justifiable grounds.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 73-5 (Registration for or Reporting on Persons, etc. Specialized in Electrical Safety Control Duties)   print
(1) Any person who intends to be entrusted with, or vicariously perform, the electrical safety control duties under Article 73 (2) and (3) shall register or report each to the Minister of Knowledge Economy or Mayor/Do Governor, under the classifications falling under any of the following subparagraphs:
1. Any person specialized in the electrical safety control duties under Article 73 (2) 1 who intends to be entrusted with the electrical safety control duties shall register with the Minister of Knowledge Economy;
2. A vicarious operator of the electrical safety control duties under Article 73 (3) 2 who intends to vicariously perform the safety control duties shall register with the Mayor/Do Governor;
3. Any person who has acquired the technical qualification in electricity field under Article 73 (3) 3 and intends to vicariously perform the electrical safety control duties shall file a report thereon with the Mayor/Do Governor.
(2) When matters prescribed by Ordinance of the Ministry of Knowledge Economy, among the matters registered or reported under paragraph (1), are modified, the modified registration or modified report shall be made within 30 days from the date on which the grounds of such modification arise.
(3) The Minister of Knowledge Economy or the Mayor/Do Governor shall, upon receipt of a registration or report, or of a modified registration or modified report, under paragraphs (1) and (2), issue the certificate of registration or of completion of report to the applicant for registration or person who made a report.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 73-6 (Revocation, etc. of Registration)   print
When any person who has registered as a person specialized in the elec- tric safety control duties or a vicarious operator of the electrical safety control duties under Article 73-5 (1) 1 and 2, respectively, falls under any of the following subparagraphs, the Minister of Knowledge Economy or the Mayor/Do Governor may revoke his/her registration or order him/her to suspend all or part of his/her business for a fixed period not exceeding six months, as prescribed by Ordinance of the Ministry of Knowledge Economy: Provided, That where he/she falls under subparagraph 1, his/her registration shall be revoked:
1. Where registration has been made by deceit or other illegal means;
2. Where one month lapses from the date on which the requirements prescribed by Presidential Decree pursuant to Article 73 (2) 1 and (3) 2 are not met;
3. Where a certificate of registration issued under Article 73-5 (3) has been leased to another person;
4. Where the relevant duties have been performed in excess of the scope of an agency service of electrical safety control under Article 73 (6).
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 73-7 (Hearings)   print
The Minister of Knowledge Economy or a Mayor/Do Governor shall hold a hearing, where he/she intends to revoke registration under Article 73-6.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 73-8 (Survey, etc. of Actual Status of Persons, etc. Commissioned to Perform Electrical Safety Control Duties)   print
(1) The Minister of Knowledge Economy or a Mayor/Do Governor may, when it is deemed necessary to confirm whether persons commissioned to perform the safety control of electricity fall under each subparagraph of Article 73-6 (hereafter referred to as "commissioned persons, etc" in this Article), order the commissioned persons to submit necessary materials or have their public officials enter the business places of the commissioned persons, etc. or places where electric facilities are installed and the commissioned persons, etc. perform the safety control of electricity in order to check books, documents and other articles.
(2) Article 22 (3) and (4) shall apply mutatis mutandis to the procedures for and the methods of conducting an inspection under paragraph (1).
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
CHAPTER VIII KOREA ELECTRICAL SAFETY CORPORATION
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 Article 74 (Establishment of Korea Electrical Safety Corporation)   print
(1) The Korea Electrical Safety Corporation shall be established to carry out survey, research, technology development, and publicity on electrical safety and perform the duties of inspection of electric installations in order to prevent electricity-related disasters.
(2) The Safety Corporation shall be a corporate entity.
(3) The Safety Corporation shall be duly formed by registering its establishment at the registry for the area in which its principal office is located.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 75 (Operation, etc. of Safety Corporation)   print
Expenditures necessary for the operation of the Safety Corporation shall be met with the financial resources set out in the following subparagraphs:
1. Fees paid by a person who intends to undergo an inspection under Article 97 (1) 1 or an inspection under subparagraph 2 of the same paragraph;
2. Disaster-preventing inspection costs, etc. borne by disaster control agencies under the Framework Act on the Management of Disasters and Safety for the purpose of preventing disasters;
3. Contributions from the Fund;
4. Loans and other revenues.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 76 (Executives)   print
(1) Executives of the Safety Corporation shall consist of one president, not more than eight directors and one auditor.
(2) The president shall represent the Safety Corporation and exercise overall control over business of the Safety Corporation.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 77 Deleted.<by Act No. 9680, May 21, 2009>   print
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 Article 78 (Services)   print
The Safety Corporation shall carry out the following services:
1. Survey and research concerning the electrical safety;
2. Development and diffusion of technologies concerning electrical safety;
3. Specialized education and provision of information concerning electrical safety;
4. Promotion of publicity concerning electrical safety;
5. Inspection and checking of electric installations and technical assistance;
6. Investigation of causes, details, etc. of electric accidents under Article 96-3 (2);
7. International technical cooperation concerning electrical safety;
8. Projects entrusted by the Minster of Knowledge Economy or the Mayor/Do Governor in the interest of electrical safety;
9. Safety diagnosis on electric installations and other projects required for the electrical safety control.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 79 (Relationship with other Acts)   print
Except as prescribed by this Act and the Act on the Management of Public Institutions, the provisions of the Civil Act on the judicial foundation shall apply mutatis mutandis to the Safety Corporation.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 80 (Supervision)   print
The Minister of Knowledge Economy shall guide and supervise the services related to any of the following subparagraphs from among the services of the Safety Corporation:
1. Matters concerning the performance of services under Article 78;
2. Sale, acquisition, transfer or provision as security of major fundamental property of the Safety Corporation, such as land and buildings;
3. Other matters prescribed by other Acts and subordinate statutes.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 81 (Prohibition of Use of Similar Name)   print
No person or entity that is not the Safety Corporation shall use the name "Korea Electrical Safety Corporation" or a name similar thereto.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
CHAPTER IX Deleted.
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 Articles 82 through 86 Deleted.<by Act No. 9016, Mar. 28, 2008>   print
CHAPTER X USE OF LAND, ETC.
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 Article 87 (Use of Land, etc. Owned by Another Person)   print
(1) If it is necessary for the purpose of the establishment of electric installations for the electric utility or a field investigation, surveying, and the execution of work therefor, or for the purpose of the repairs and maintenance of electric installations for the electric utility, an operator of the electric utility business may use land or buildings and other structure thereon (hereinafter referred to as "land, etc") which another person owns, or may alter or remove vegetation and other obstacles owned by another person, as prescribed by the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor.
(2) In cases falling under any of the following subparagraphs, an operator of the electric utility business may temporarily use land, etc. owned by another person or alter or remove vegetation owned by another person: if the land, etc. owned by another person is used for the residential purpose, he/she shall, in advance, consult with its residents about the date and period of his/her temporary use:
1. A temporary use of land, etc. owned by another person within a period of 15 days in the event that electric installations for the electric utility, etc. are damaged or are feared to be damaged due to a natural disaster, war, internal turmoil, or other emergency situations;
2. The alteration or removal of vegetation obstructive to the electric wires for the electric utility where it is deemed that the vegetation has seriously damaged the electric wires concerned or may cause fire or other disasters because it has been left as it stands.
(3) Where an operator of the electric utility business has temporarily used land, etc., owned by another person or has altered or removed vegetation owned by another person under paragraph (2), he/she shall immediately notify its occupant or owner thereof.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 88 (Entry into Land, etc., Owned by Another Person)   print
(1) An operator of the electric utility business may enter land, etc. owned by another person if necessary for the purpose of the establishment, maintenance, or safety control of electric installations. In such cases, the operator of the electric utility business shall in advance consult with its owner or occupant.
(2) Where an operator of the electric utility business has failed, or is unable, to reach an agreement under paragraph (1), he/she may enter land, etc. with approval from the head of a Si/Gun/Gu.
(3) When the head of a Si/Gun/Gu receives the application for approval under paragraph (2), he/she shall notify the owner or occupant of the land, etc. thereof and shall give him/her an opportunity to state his/her opinion.
(4) When an operator of the electric utility business is to enter land, etc. owned by another person pursuant to paragraph (2), he/she shall in advance notify its owner or occupant thereof.
(5) A person who enters another person's land, etc. pursuant to paragraph (2) shall carry a document verifying his/her authority and produce it to the persons concerned.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 89 (Use of Airspace over Land Owned by Another Person)   print
(1) An operator of the electric utility business may, if necessary for the operation of business, set up electric wires over land owned by another person within the limits of causing no obstruction to the way the land is currently in use. In such cases, the operator of the electric utility business shall in advance consult with the owner or occupant of the land.
(2) Article 88 (2) through (5) shall apply mutatis mutandis to the case of paragraph (1).
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 89-2 (Registration, etc. of Establishment of Partitioned Superficies)   print
(1) Where an agreement has been reached by consulting with the owner of the land and the person concerned under subparagraph 5 of Article 2 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor on the premises that the partitioned superficies should be created or transferred with respect to the use of airspace over the land owned by another person, an operator of the electric utility business shall create or transfer the partitioned superficies.
(2) Where an operator of the electric utility business receives a ruling of expropriation or use to the effect of the creation or transfer of the partitioned superficies with respect to the use of airspace over the land under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor, he/she may unilaterally apply for the registration of the creation or transfer of the partitioned superficies concerned by applying mutatis mutandis Articles 115 and 157 of the Registration of Real Estate Act.
(3) Necessary matters concerning the procedure for registration of partitioned superficies with respect to the use of airspace over land shall be prescribed by the Supreme Court Regulations.
(4) Notwithstanding Articles 280 and 281 of the Civil Act, the duration of the partitioned superficies under paragraphs (1) and (2) shall last until transmission electric wires exist.
[This Article Newly Inserted by Act No. 9680, May 21, 2009]
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 Article 90 (Compensation for Loss)   print
An operator of the electric utility business shall compensate for the loss caused by his/her temporary use of land, etc. owned by another person or his/her alteration or removal of vegetation owned by another person under Article 87 (2), by his/her entry into land, etc. owned by another person under Article 88 (1), or by his/her use of airspace over land owned by another person under Article 89 (1).
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 91 (Reinstatement)   print
When an operator of the electric utility business has completed his/her temporary use of land, etc. under Article 87 (2) 1, he/she shall reinstate the land, etc. or pay its owner or occupant expenses therefor.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 92 (Use of Public Land)   print
(1) When an operator of the electric utility business finds it necessary to set up electric wires for the electric utility over public land under the control of the State, local governments or other public agencies, he/she may use the land with permission from its administrator.
(2) In the case of paragraph (1), when the land administrator concerned refuses such permission without any justifiable ground or when the conditions of permission are found improper, the competent Minister who exercises jurisdiction over the land concerned may grant permission for the use of the land or alter the conditions of permission at the request of an operator of the electric utility business.
(3) When the competent Minister intends to grant permission for the use of land or to alter the conditions of permission under paragraph (2), he/she shall in advance consult with the Minister of Knowledge Economy.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
CHAPTER XI SUPPLEMENTARY PROVISIONS
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 Article 92-2 (Special Cases concerning Supply of Electricity by Operator of Integrated Energy Supply Business)   print
(1) Any operator of the integrated energy supply business who is equipped with generation installations of capacity prescribed by Presidential Decree within the limit of 300,000 kilowatts, among those who have obtained permission of a project under Article 9 of the Integrated Energy Supply Act, may supply electricity within the supply district permitted under Article of the Integrated Energy Supply Act, notwithstanding Article 31 (1).
(2 ) An operator of the integrated energy supply business under paragraph (1) shall be deemed an operator of the district electric business for the purpose of this Act.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 93 (Separation of Accounting)   print
(1) An operator of the electric utility business determined by Presidential Decree shall carry out his/her accounting practices concerning business year, classification of accounts, balance sheet, income statement, fixed asset accounting, and other financial statements, as prescribed by Ordinance of the Ministry of Knowledge Economy.
(2) Where an operator of the electric utility business under paragraph (1) operates business other than the electric utility business, he/she shall apply the principle of a separate accounting for the electric utility business and the business other than the electric utility business.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 94 (Depreciation, etc.)   print
The Minister of Knowledge Economy may, if deemed particularly necessary for the due operation of the electric utility business, order an operator of the electric utility business to depreciate fixed assets for the electric utility business or to set up reserves or allowances by determining types, methods or amounts within the limits permissible under the Corporate Tax Act or the Restriction of Special Taxation Act.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 95 Deleted.<Act No. 9016, Mar. 28, 2008>   print
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 Article 96 (Restrictions on Foreign-Capital Invested Companies)   print
The Minister of Knowledge Economy shall not grant a foreign-capital invested company under the Foreign Investment Promotion Act permission, approval or a designation in any of the following subparagraphs:
1. Permission for the electricity generation business under Article 7 (1) (limited to the operation of an atomic power station);
2. Approval for the plan for the manufacture and supply of fuel for atomic power generation under Article 28.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 96-2 (Reporting)   print
(1) The Minister of Knowledge Economy may, as prescribed by Ordinance of the Ministry of Knowledge Economy, have a Mayor/Do Governor, the head of a Si/Gun/Gu, the Safety Corporation, an operator of the electric sales business, and an operator of the district electric business file a report on the matters as to electrical safety, such as the current status of inspection of electric installations or checkup, etc.
(2) The Mayor/Do Governor may, as prescribed by Ordinance of the Ministry of Knowledge Economy, have an electric technicians association file a report on the matters as to the appointment and dismissal of an electrical safety supervisor.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 96-3 (Notification and Investigation of Serious Accidents)   print
(1) An operator of the electric utility business and an owner or occupant of electric installations for private use shall, where any serious accidents prescribed by Ordinance of the Ministry of Knowledge Economy have occurred due to the electric installations operated by them, notify the Minister of Knowledge Economy thereof, as prescribed by Ordinance of the Ministry of Knowledge Economy.
(2) The Minister of Knowledge Economy may, if deemed necessary to prevent the recurrence of any electric accident, have a person falling under any of the following subparagraphs conduct the investigation of the cause, details, etc. of electrical accidents prescribed by Presidential Decree:
1. The Safety Corporation;
2. Persons designated by the Minister of Knowledge Economy, from among those equipped with the technical manpower and equipment prescribed by Ordinance of the Ministry of Knowledge Economy.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 97 (Fees, etc.)   print
(1) Any person falling under the following subparagraphs shall pay fees, as prescribed by Ordinance of the Ministry of Knowledge Economy:
1. Persons who intend to undergo an inspection under Articles 63 and 65;
2. Persons who intend to undergo an electrical safety inspection under Article 66-2;
3. Persons who intend to receive a certificate for report on an appointment of an electrical safety supervisor under Article 73-2 (2);
4. Persons who intend to make modified registration under Article 73-5 (2) (limited to the case where the modified matter is related to a technical manpower).
(2) Persons who intend to undergo safety control education for electrical safety supervisors under Article 73-4 (1) shall pay education fees, as prescribed by Ordinance of the Ministry of Knowledge Economy.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
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 Article 98 (Delegation and Entrustment of Authority)   print
(1) The Minister of Knowledge Economy may, as prescribed by Presidential Decree, delegate part of his/her authority to agencies under his/her control or the Mayor/Do Governor.
(2) Of the authority of the Minister of Knowledge Economy or the Mayor/Do Governor provided by this Act, the following affairs may partially be entrusted to the Safety Corporation, as prescribed by Presidential Decree:
1. Receipt of the report of the plan of works, or the report of alteration, for electric installations for private use under Article 62 (2);
2. Inspection of electric installations under Articles 63 and 65;
3. Permission for the temporary use of electric installations under Article 64.
(3) Duties falling under any of the following subparagraphs, among the authority of the Minister of Knowledge Economy or the Mayor/Do Governor under this Act, may be entrusted to an electric technicians association, as prescribed by Presidential Decree:
1. Safety control education under Article 73-4 (1);
2. Modified registration of a person specialized in the electrical safety control duties and a vicarious operator of the electrical safety control duties under Article 73-5 (2) (limited to the case where the modified matter is related to a technical manpower).
(4) The Minister of Knowledge Economy may commission corporations or organizations involved in the safety control of electric installations to survey, research, revise and review technical standards, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
law view
 Article 99 (Legal Fiction as Public Official in Application of Penal Pro- visions)   print
Any person falling under any of the following subparagraphs shall be deemed public officials for the purposes of Articles 129 through 132 of the Criminal Act:
1. Any member of the Electrical Affairs Commission who is not a public official;
2. Executives and staff members of the Safety Corporation, a corporation or organization who are engaged in the affairs entrusted by the Minister of Knowledge Economy or the Mayor/Do Governor pursuant to Articles 52 (2) and 98 (2) through (4).
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
CHAPTER XII PENAL PROVISIONS
law view
 Article 100 (Penal Provisions)   print
(1) Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than 10 years or a fine not exceeding 50 million won:
1. A person who interrupts the generation, transmission, transformation, or distribution of electricity by damaging or stealing electric installations for the electric utility;
2. A person who interrupts the generation, transmission, transformation, or distribution of electricity by causing impairment to the function of electric installations for the electric utility.
(2) Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than five years or a fine not exceeding 30 million won:
1. A person who interrupts the generation, transmission, transformation, or distribution of electricity by improperly interfering with the operation of electric installations without any justifiable grounds;
2. A person engaged in the electric utility business who causes obstruction to the generation, transmission, transformation, or distribution of electricity by failure to perform his/her duties of maintaining or operating electric installations for the electric utility without any justifiable grounds.
(3) A criminal attempt under paragraphs (1) and (2) 1 shall be punished.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
law view
 Article 101 (Penal Provisions)   print
Any person who falls under any of the following subparagraphs shall be punished either by imprisonment for not more than three years or a fine not exceeding 20 million won, or by both:
1. A person who operates the electric utility business without a license or a modified license, in violation of Article 7 (1);
2. A person who commits a prohibited act under Article 21 (1);
3. A person who fails to comply with orders under Article 23;
4. A person who manufactures and supplies fuel for atomic power generation without an authorization or a modified authorization, in violation of Article 28;
5. A person who makes electric utility transactions at a place other than the electric utility market, in violation of Article 31 (1) and (2) or 32;
6. A person who divulges or abuses confidential information that he/she has learned in the course of performing his/her duties or who assists another person to make use of such information, in violation of Article 42 (1) (including cases applied mutatis mutandis under paragraph (2) of the same Article).
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
law view
 Article 102 (Penal Provisions)   print
Any person who falls under any of the following subparagraphs shall be punished either by imprisonment for not more than two years or a fine not exceeding 10 million won, or by both:
1. A person who refuses to supply electricity without any reasonable grounds, in violation of Article 14;
2. A person who makes a discrimination in providing service for the use of electric installations, in violation of Article 20 (1);
3. A person who sets up electric communication wire facilities at electric installations without lease under Article 20 (2);
4. A person who damages or is likely to damage underwater wires, in violation of Article 70.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
law view
 Article 103 (Penal Provisions)   print
Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or a fine not exceeding five million won:
1. A person who makes electric installations available for others without approval or modified approval under Article 15 (1);
2. A person who supplies electricity without approval or a modified approval under Article 16 (1);
3. A person who fails to release information under Article 41;
4. A person who vicariously performs the safety control duties of electric installations, although he/she does not fall under any of the subparagraphs of Article 73 (3);
5. A person who makes registration under Article 73-5 (1) 1 and 2 or makes a modified registration under paragraph (2) of the same Article by deceit or other unlawful means.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
law view
 Article 104 (Penal Provisions)   print
Any person who fails to appoint an electrical safety supervisor, in violation of Article 73 (1) through (4), shall be punished by a fine not exceeding five million won.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
law view
 Article 105 (Penal Provisions)   print
Any person who falls under any of the following subparagraphs shall be punished by a fine not exceeding three million won:
1. A person who provides electricity in violation of Article 16 (5);
2. A person who violates orders issued pursuant to Article 18 (3) or 29 (1);
3. A person who does works for setting up or altering electric installa- tions in violation of Article 61 (1) or 62 (1);
4. A person who violates orders issued under Article 71 (limited to an owner or occupant of electric installations for the electric utility or for private use);
5. A person who performs the electrical safety control duties without registration under Article 73-5 (1) 1 and 2 or without modified registration under paragraph (2) of the same Article;
6. A person who carries out accounting, in violation of Article 93 (2).
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
law view
 Article 106 (Penal Provisions)   print
Any person who falls under any of the following subparagraphs shall be punished by a fine not exceeding one million won:
1. A person who does works for setting up or altering electric installations in violation of Article 61 (3);
2. A person who uses electric installations in violation of Article 63 or without receipt of the notice under Article 64;
3. A person who refuses, obstructs, or evades the inspection under Article 65;
4. A person who fails to designate an agent for an electrical safety supervisor, in violation of Article 73 (5);
5. A person who performs the electrical safety control duties in excess of the scope of agency service for electrical safety control under Article 73 (6).
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
law view
 Article 107 (Joint Penal Provisions)   print
Where a representative of a corporation, or an agent, employee or other servant of a corporation or an individual commits an offence under Articles 101 through 106 in connection with the business of the corporation or the individual, not only shall such violator be punished, but the corporation or the individual shall also be punished by a fine under the relevant provisions: Provided, That this shall not apply where the corporation or the individual has not been negligent in paying due attention and supervision concerning the relevant business in order to prevent such violation.
[This Article Wholly Amended by Act No. 9244, Dec. 26, 2008]
law view
 Article 108 (Fines for Negligence)   print
(1) Any person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding three million won:
1. A person who refuses an order for the submission of materials or articles, or obstructs or evades the inspection of books, documents and other materials or articles, under Article 22 (2);
2. A person who violates an improvement order issued by the head of a Si/Gun/Gu or the Safety Corporation under Article 66 (5);
3. A person who violates an order issued to an owner or occupant of electric installations for general use under Article 71;
4. A person who refuses an order for the submission of materials or articles, or obstructs or evades the inspection of books, documents and other materials or articles, under Article 73-8 (1);
5. A person who uses the name "Korea Electrical Safety Corporation" or a name similar thereto in violation of Article 81;
6. A person who violates an order issued under Article 94.
(2) Any person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding one million won:
1. A person who fails to submit a report or modified report under Article 9 (4), 26, 73-2 (1), or 73-5 (1) 3 or (2), or submits a report or modified report by falsity;
2. A person who fails to keep the documents of terms and conditions of supply or to make them available for perusal, in violation of Article 16 (4);
3. A person who fails to make records under Article 18 (2), 66 (4) or 66-2 (3) or makes false records, or who fails to keep the records;
4. A person who does works for setting up or altering electric installations in violation of Article 61 (2) or 62 (2);
5. A person who refuses, obstructs, or evades the inspection (excluding inspection of electric installations for general use established in residential facilities) under Article 66 (1);
6. A person who fails to receive safety control education, or who fails to dismiss any person who fails to receive safety control education, in violation of Article 73-4.
(3) Fines for negligence under paragraphs (1) and (2) shall be imposed and collected by the Minister of Knowledge Economy, a Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9680, May 21, 2009]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation: Provided, That Article 32 shall enter into force on the date determined by the Presidential Decree within a period of two years from the date of the enforcement of this Act and Article 49 (8) shall come into force on January 1, 2002.
Article 2 (Transitional Measures in Respect to General Electricity Business Operator)
The operator who was issued a license for the general electricity business pursuant to the provisions of the previous Act at the time of the enforcement of this Act shall, notwithstanding Article 7 (3), be deemed to have been licensed to do the businesses of generation, transmission, distribution and sales of electricity under this Act.
Article 3 (Restriction on Issuance of License for Electric Sales Business)
The Minister of Commerce, Industry and Energy shall not issue licenses for the electric sales business as prescribed in Article 7 (1) until the date determined by Presidential Decree within a period of ten years from the date of the enforcement of this Act.
Article 4 (Transitional Measures in Respect to Specific Electricity Business Operator)
(1) The operator who was issued a license for the specific electricity business pursuant to the provisions of the previous Act at the time of the enforcement of this Act shall be deemed to have been licensed to do the electric generation business under this Act.
(2) The specific electricity business operator as provided in paragraph (1) may, notwithstanding Article 31 (1), supply electricity to the specified place for supply that was assigned to him under the provisions of the previous Act for a period of two years from the date of the enforcement of this Act.
Article 5 (Transitional Measures in Respect to Supply of Electricity by Operator of Integrated Energy Supply Business)
The operator who was, after going through the formalities of report under the proviso of Article 15 (1) of the previous Act to the Minister of Commerce, Industry and Energy, supplying electricity in the area covered by the integrated energy supply as an operator of the integrated energy supply business deemed to have been licensed to do the electric generation business pursuant to Article 48 of the Integrated Energy Supply Act at the time of the enforcement of this Act may, notwithstanding Article 31 (1), supply electricity in the same area for a period of three years after the date of the enforcement of this Act.
Article 6 (Transitional Measures in Respect to Supply of Electricity by Person Who Set up Electric Installations for Private Use)
The person who was, with the approval of the Minister of Commerce, Industry and Energy under Article 15 (4) 3 of the previous Act, supplying electricity as a person who set up electric installations for private use at the time of the enforcement of this Act may, notwithstanding Article 31 (2), may supply electricity according to the conditions set out in his license for a period of three years from the date of the enforcement of this Act.
Article 7 (Transitional Measures in Respect to Supply Clauses)
The supply clauses, the approval for which the general electricity business operator licensed under Article 5 of the previous Act obtained pursuant to Article 17 of the previous Act, shall be deemed to be the supply clauses, the approval for which have been granted to an operator of the electric sales business under Article 2 of the Addenda.
Article 8 (Transitional Measures in Respect to Contracts of Supply and Demand)
(1) The person who made a contract of supply and demand as provided in Article 20 (1) of the previous Act with a general electricity business operator licensed under the previous Act may, notwithstanding Article 31 (1) and (2) of this amended Act, supply electricity to the person deemed to be an operator of the electric sales business under Article 2 of the Addenda in compliance with the same contract of supply and demand.
(2) In the case of modification of the contract of supply and demand as prescribed in paragraph (1), an approval therefor shall be obtained from the Minister of Commerce, Industry and Energy. In this case, the Minister of Commerce, Industry and Energy shall refer this matter to the Electrical Affairs Commission for deliberation.
Article 9 (Special Case of Supply of Electricity)
(1) A person who acquired by transfer the installations of electric generation that the general electricity business operator under the previous Act sold within six months from the date of the enforcement of this Act may, notwithstanding Article 31 (1), make a contract of supply and demand with a person deemed to be an operator of the electric sales business under Article 2 of the Addenda and supply electricity to the same person deemed to be an operator of the electric sales business.
(2) The contract of supply and demand as provided in paragraph (1) shall be approved by the Minister of Commerce, Industry and Energy. In the case of modification thereof, the same shall also apply.
(3) In case the Minister of Commerce, Industry and Energy intends to grant an approval under paragraph (2), he shall refer this matter to the Electrical Affairs Commission for deliberation.
Article 10 (Transitional Measures in Respect to Disqualifications of Operator of Electric Utility)
As respects disqualifications of the operator of the electric utility who had been licensed under the previous Act at the time of the enforcement of the Electricity Business Act amended by Act No. 5830, Article 2 of the Addenda of the same amended Act shall apply.
Article 11 (Transitional Measures in Respect to Dispositions, etc.)
Licenses, approvals, authorizations given, and other administrative acts done, by the administrative agencies or acts done to the administrative agencies, such as reports, etc., under provisions of the previous Act at the time of the enforcement of this Act shall be deemed to be the acts that have been done by or to the administrative agencies under the provisions corresponding thereto, if any, of this Act.
Article 12 (Transitional Measures in Respect to Penal Provisions and Fine for Negligence)
As respects the application of penal provisions and fine for negligence to offenses committed before the enforcement of this Act, the provisions of the previous Act shall prevail.
Article 13 Omitted.
Article 14 (Relationships with Other Acts)
Any reference that was made by other Acts to the provisions of the previous Electricity Business Act at the time of the enforcement of this Act shall be deemed to be a reference that has been made to the corresponding provisions, if any, of this Act.
ADDENDA<Act No. 6637, Jan. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures for Expense Sharing following Relocation, etc. of Electric Wires)
In the wake of an establishment of electric wire routes in the air above the land of another person under previous provisions at the time of enforcement of this Act, where the owner or occupant of such land has established or establishes any ground objects and other goods on such land, if such electric wire routes have come not to satisfy the technical standards or are not to satisfy them, the main body to take necessary measures, such as a relocation of electric wire routes to be performed in order to make them satisfy the technical standards, or the main body to bear the expenses required for such measures shall be based on the following classifications:
1. With respect to the electric wire routes which have been established from the enforcement date of Act No. 6283; the amended Act of the Electric Utility Act to the date immediately preceding the enforcement date of this Act, the operator of electric utility under Article 72 (2) (proviso) of the said amended Act; and
2. With respect to the electric wire routes which have been established before the enforcement date of the said amended Act, the owner or occupant of such land.
Article 3 (Transitional Measures for Electric Safety Control Person)
The person appointed as the person in charge of electric safety control under previous Article 73 (1), (2) and (6) at the time of enforcement of this Act, shall be deemed to have been appointed to the electric safety control person under the amended provisions of paragraphs (1) through (4) of the same Article.
Article 4 (Transitional Measures for Persons Specialized in Electric Safety Control Duties)
The person designated by the Minister of Commerce, Industry and Energy as the acting control agency capable of performing the duties of a person in charge of electric safety control under previous Article 40 (1) 6, from among the Act on Special Measures for the Deregulation of Corporate Activities at the time of enforcement of this Act, shall be deemed to have made a registration to the Minister of Commerce, Industry and Energy as the person specialized in the electric safety control duties under the amended provisons of Article 73-5 (1) 1.
Article 5 (Transitional Measures for Chief Director)
The chief director the Safety Corporation at the time of enforcement of this Act shall be deemed to have been appointed to the president under the amended provisions of Article 76: Provided, That his term of office shall commence from the date of appointment as the previous chief director.
Article 6 (Transitional Measures for Penalty Provisions and Fine for Negligence)
In applying the penal provisions and fine for negligence to the offenses committed prior to the enforcement of this Act, the previous provisions shall govern.
Article 7 Omitted.
ADDENDA<Act No. 6656, Feb. 4, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 12 Omitted.
ADDENDA<Act No. 7017, Dec. 30, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Operator of Integrated Energy Supply Business)
(1) Where any operator of the integrated energy supply business who has obtained the permission of business pursuant to Article 9 of the Integrated Energy Supply Act prior to February 25, 2004 is supplying, or is slated to supply, electricity within the permitted supply district, the operator shall be deemed an operator of the district electric business under this Act, beginning with the enforcement date of this Act.
(2) An operator of the integrated energy supply business under paragraph (1) may supply electricity within the relevant supply district until the date preceding the enforcement date of this Act, notwithstanding the provisions of Article 31 (1).
Article 3 (Transitional Measures concerning Supply Clauses)
Where any operator of the integrated energy supply business who obtained the permission of business pursuant to Article 9 of the Integrated Energy Supply Act at the time of the entry into force of this Act has reported to the Minister of Commerce, Industry and Energy on the supply clauses under Article 17 of the said Act, he shall be deemed to have obtained the approval of the supply clauses under this Act.
ADDENDA<Act No. 7188, Mar. 11, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date set by Presidential Decree within the limit of three months after the Act is promulgated.
[The enforcement date of the Enforcement Decree of the Framework Act on the Management of Disasters and Safety (Presidential Decree No. 18407, May 29, 2004) shall be Jun. 1, 2004]
Articles 2 through 11 Omitted.
ADDENDA<Act No. 7284, Dec. 31, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA<Act No. 7508, May 26, 2005>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Transitional Measures) Any act, including disposition, committed by the Mayor/Do Governor under the provisions of the previous Act before this Act enters into force shall be deemed committed by the head of a Si/Gun/Gu under the provisions of this Act, and any application, notification or other acts committed to the Mayor/Do Governor under the provisions of the previous Act before this Acts enters into force shall be deemed to be the application, notification or other acts committed to the head of a Si/Gun/Gu under the provisions of this Act.
ADDENDUM<Act No. 7744, Dec. 23, 2005>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 7943, Apr. 28, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 15 Omitted.
ADDENDA<Act No. 8135, Dec. 30, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January, 1, 2007.
Articles 2 through 9 Omitted.
ADDENDA<Act No. 8194, Jan. 3, 2007>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Application Example concerning Application Filed for Authorization) The amended provisions of Article 66-2 (1) shall apply, starting with the person who first files an application for an authorization, an application for changing the license, an application for changing the registration, an application for changing the authorization and an application for changing the report after the enforcement of this Act.
(3) (Application Example concerning Deadline for Changing Registration or Changing Report) The amended provisions of Article 73-5 (2) shall apply, starting with the registration and the report for which the grounds of their change first accrue after the enforcement of this Act.
(4) (Transitional Measures concerning Administrative Disposition) The administrative disposition taken against the act of violating the partially amended provisions of Articles 12 (1) 4 through 13 and 73-6 with the exception of each subparagraph shall be governed by the previous provisions.
ADDENDA<Act No. 8346, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 9016, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into on January 1, 2009. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDUM<Act No. 9017, Mar. 28, 2008>
This Act shall enter into on the date of its promulgation.
ADDENDUM<Act No. 9244, Dec. 26, 2008>
This Act shall enter into on the date of its promulgation.
ADDENDA<Act No. 9680, May 21, 2009>
Article 1 (Enforcement Date)
This Act shall enter into after six months after the date of its promulgation.
Article 2 (Application Example concerning Registration, etc. of Establishment of Partitioned Superficies)
The amended provision of Article 89-2 shall apply, starting with the case where an agreement has been first reached or a ruling of expropriation of the land tribunal has been first made with respect to the use of airspace over the land after this Act enters into force.
Article 3 (Application Example concerning Fees)
The amended provision of Article 97 (1) 4 shall apply, starting with the person who first files an application for modified registration under Article 73-5 (2) after this Act enters into force.
Article 4 (Interim Measures concerning Certificate of Completion of Report)
(1) The certificate for completion of appointment report issued under previous Article 73-2 (2) as at the time this Act enters into force shall be deemed the certificate for completion of appointment report issued under the amended provision of Article 73-2 (2).
(2) The certificate of completion of report issued under previous Article 73-5 (3) as at the time this Act enters into force shall be deemed the certificate of completion of report issued under the amended provision of Article 73-5 (3).
Article 5 Omitted.
ADDENDA<Act No. 10000, Feb. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into after one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.