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Laws of the Republic of Korea |
GENERAL PROVISIONSCHAPTER I
Amended by Act No. 9931, Jan. 13, 2010
Article 1 (Purpose)
The purpose of this Act is to contribute to the sound development of the national economy,
the promotion of the national welfare,
and the international efforts to minimize the global
warming by realizing the stability of the demand and supply of energy, increasing
the
rational and efficient utilization of energy, and reducing the environmental damage caused
by the consumption of energy.
The definition of terms used in this Act shall follow the provisions of each subparagraph
of Article 2 of the Energy Act.
(2) Local governments shall be responsible for the establishment and enforcement of a
local energy policy to efficiently carry out
a national energy policy and for the
development of the regional economy by taking into account the characteristics of
a region
under its jurisdiction.
(3) Energy users and suppliers shall proactively participate and cooperate in a national
ENERGY USE
RATIONALIZATION ACT
Laws on Green Growth, and Economic Investment in Korea 165
PLANS AND MEASURES FOR THE RATIONALIZATION OF ENERGY USECHAPTER II
04_LawsConcerningGreenGrowth
or local energy policy, and shall endeavor to maximize efficiency in the production,
conversion, transport, storage, use, etc. of
energy and to reduce the emission of
greenhouse gases.
(4) Manufacturers producing energy-using machinery, equipment or materials, and energy
supply facilities shall endeavor to develop
and introduce the technology to increase
the energy efficiency of such machinery, equipment, materials or facilities and to
reduce
the emission of greenhouse gases.
(5) All citizens shall endeavor to rationally use energy in their daily living, thereby
reducing the emission of greenhouse gases.
Article 4 (Basic Plans for the Rationalization of Energy Use)
(1) The Minister of Knowledge Economy shall formulate basic plans
(hereinafter referred
to as "basic plans") for the rationalization of energy use to ensure that nationals can
use energy in a rational
manner.
1. Transition to an energy-saving economic structure;
2. Improving the efficiency of energy use;
3. Technology development for the rationalization of energy use;
4. Publicity and education for the rationalization of energy use;
5. Substitution between energy resources;
6. Safety management of heat-using machinery, equipment or materials;
7. Matters concerning the implementation of the system for price indication for the
rationalization of energy use;
8. Measures to reduce the emission of greenhouse gases through the rational use of
energy; and
9. Other matters necessary in promoting the rationalization of energy use, and as
prescribed by the Ordinance of the Ministry of
Knowledge Economy.
(3) When the Minister of Knowledge Economy intends to formulate basic plans under
paragraph (1), he/she shall
consult with the heads of the relevant administrative
agencies. In such cases, he/she may request the heads of the relevant administrative
166 Ministry of Government Legislation
agencies to submit the necessary data.
(2) The heads of the relevant administrative agencies and Mayors/Do Governors shall
submit the implementation plans under paragraph
(1) and the outcomes of execution
thereof to the Minister of Knowledge Economy.
Article 7 (Measures for the Stabilization of Supply and Demand)
(1) In order to prepare for the disruptions in the supply and demand
of energy due
to any change in domestic and foreign energy circumstances, the Minister of Knowledge
Economy may impose responsibility
to secure energy storage facilities and store energy
on major energy users and energy suppliers prescribed by Presidential Decree.
(2) If it is deemed that any major disruption in the supply and demand of energy occurs
or might occur due to any change in domestic
and foreign energy condition, the
Minister of Knowledge Economy may adjust the following matters, issue an order
to energy users,
energy suppliers or owners and managers of energy-using machinery,
equipment or materials, or take other necessary measures, to
the extent necessary for
stabilizing the supply and demand of energy:
Laws on Green Growth, and Economic Investment in Korea 167
04_LawsConcerningGreenGrowth
1. Allotment of energy by area, major consumer and supplier;
2. Operation of energy supply facilities;
3. Reserve and storage of energy;
4. Introduction, export, import, and consignment processing of energy;
5. Exchange or distribution of energy among energy suppliers;
6. Distribution facilities of energy, the use of such facilities, and distribution channels;
7. Distribution of energy;
8. Restriction or prohibition of the transfer of energy;
9. Matters prescribed by Presidential Decree, such as the number of times and the
ways of using energy and the restriction or prohibition
on the use of energy-using
machinery, equipment or materials; and
10. Other matters determined by Presidential Decree to stabilize the supply and demand
of energy.
(3) The Minister of Knowledge Economy may request the heads of the relevant
administrative agencies or local governments to provide
any cooperation necessary
for the execution of the measures referred to in paragraph (2), and the heads of the
administrative agencies
or local governments shall comply therewith.
(4) If it is deemed that the cause for which a measure under paragraph (2) is taken
disappears, the Minister of Knowledge Economy
shall, without delay, cancel such
measure. 1. State;
2. Local governments; or
3. Public institutions under Article 4 (1) of the Act on the Management of Public
Institutions.
(2) Details of measures necessary for the efficient use of energy and for the reduction
of the emission of greenhouse gases, which
shall be promoted by the State and local
governments under paragraph (1), shall be determined by Presidential Decree.
168 Ministry
of Government Legislation
Article 9 (Demand Management Investment Plans of Energy Suppliers)
(1) Energy suppliers prescribed by Presidential Decree, from
among energy suppliers, shall
formulate and implement annual demand management investment plans to improve
the efficiency of the
production, conversion, transport, storage or use of the relevant
energy, shall promote the reduction of energy demand and greenhouse
gas emission,
and shall submit such plans and outcomes of implementation to the Minister of
Knowledge Economy. The same shall apply
to revisions of annual demand
management investment plans.
(3) Energy suppliers under paragraph (1) may partially subsidize costs for annual demand
management investment projects to institutions
specializing in demand management
prescribed by Presidential Decree.
(4) The Minister of Knowledge Economy may formulate and implement measures to
minimize costs and losses incurred by demand management
investment to energy
suppliers, so as to promote demand management investment by energy suppliers under
paragraph (1).
(1) Any person who intends to execute a project or install facilities (hereinafter referred
to as "project supervisor") using energy
in a specific or larger scale as prescribed
by Presidential Decree, such as urban development projects, industrial complex
development
projects, etc., shall assess the impact of executing such project or
installing such facilities on the supply and demand of energy
and the emission of
greenhouse gases (limited to carbon dioxide) due to the consumption of energy, shall
formulate plans to supply
the required energy, plans on the rational use of energy,
and the evaluation thereof (hereinafter referred to as "energy use plans"),
and shall
submit them to the Minister of Knowledge Economy before such project is executed
or such facilities are installed.
paragraph (1) and shall listen to the opinions of persons, other than public project
supervisors (hereinafter referred to as "private
project supervisors").
(3) Paragraphs (1) and (2) shall also apply to cases where project supervisors intend to
alter matters prescribed by Presidential
Decree, including the projected energy demand
or plans for energy supply, from among energy use plans submitted under paragraph
(1).
(4) Project supervisors may allow any person capable of establishing energy use plans,
such as any national or public research institute,
Government-contributed research
institution, etc., to establish energy use plans on their behalf.
(5) Details of energy use plans,
procedures for holding consultations or listening to
opinions, requirements for acting institutions under paragraphs (1) to (4),
and other
necessary matters shall be determined by Presidential Decree.
(6) The Minister of Knowledge Economy shall determine and
publicly announce the
standards for calculating costs incurred in establishing energy use plans by proxy under
paragraph (4).
(1) When it is deemed that the details of energy use plans are not suitable for the supply
and demand of energy, or insufficient
efforts are made to help rationalize energy use
and reduce the emission of greenhouse gases (referring to only carbon dioxide),
as
the result of examining energy use plans, the Minister of Knowledge Economy may,
as prescribed by Presidential Decree, request
a public project supervisor to adjust or
supplement the energy use plans and advise a private project supervisor to adjust or
supplement
the energy use plans. When a public project supervisor has received a
request for the adjustment and supplementation of the energy
use plans, he/she shall
comply with it unless there is justifiable reason not to comply with such request.
(2) The Minister of Knowledge Economy may, if deemed necessary for examining energy
use plans, request a project supervisor to present
any related materials.
(3) The criteria for and methods of examination of energy use plans as referred to in
paragraph (1) and other necessary matters
shall be determined by Ordinance of the
Ministry of Knowledge Economy.
POLICIES FOR THE RATIONALIZATION OF ENERGY USECHAPTER III
Article 12 (Post Management of Energy Use Plans)
(1) The Minister of Knowledge Economy may examine or ascertain whether a project
supervisor implements energy use plans or takes
the measures requested or advised
under Article 11 (1).
(1) The Government may provide financial or tax support, subsidies or other support to
investments in energy-saving facilities prescribed
by Presidential Decree, the
manufacture, installation or construction of energy-saving machinery, equipment,
materials or projects
concerning the rationalization of energy use and the reduction of
the emission of greenhouse gases, in an effort to rationalize
energy use, thereby reducing
the emission of greenhouse gases.
(2) When the Government provides support under paragraph (1), it may prefer to provide
support to small or medium enterprises under
Article 2 of the Framework Act on
Small and Medium Enterprises.
SECTION 1 POLICIES RELATED TO ENERGY-USING MACHINERY,
EQUIPMENT OR MATERIALS
Article 15 (Designation of Efficiency Management Machinery, Equipment or
Materials)
(1) The Minister of Knowledge Economy may, if deemed necessary for the rationalization
of energy use, determine and publicly announce
the following matters with respect
to the energy-using machinery, equipment or materials which are widely distributed,
which consume
a considerable quantity of energy, and which are prescribed by
Laws on Green Growth, and Economic Investment in Korea 171
04_LawsConcerningGreenGrowth
Ordinance of the Ministry of Knowledge Economy (hereinafter referred to as
"efficiency management machinery, equipment or materials"):
1. Standards for target energy efficiency or target quantity consumed;
2. Standards for minimum energy efficiency or maximum quantity consumed;
3. Indication of energy efficiency or quantity consumed;
4. Indication of energy efficiency rating standards and energy efficiency ratings;
5. Measurement methods of energy efficiency or quantity consumed; and
6. Other matters necessary for the management of efficiency management machinery,
equipment or materials, which are prescribed by
Ordinance of the Ministry of
Knowledge Economy.
(2) Testing institutions designated by the Minister of Knowledge Economy (hereinafter
referred to as "efficiency management testing
institutions") shall measure the amounts
of energy used by the relevant efficiency management machinery, equipment or materials
and the manufacturers or importers of efficiency management machinery, equipment
or materials shall indicate energy efficiency
rating or energy consumption efficiency
in the relevant efficiency management machinery, equipment or materials. Provided,
that
any manufacturer or importer equipped with testing facilities and specialized
human resources determined and publicly notified by
the Minister of Knowledge
Economy, who has obtained approval from the Minister of Knowledge Economy, as
prescribed by Ordinance
of the Ministry of Knowledge Economy, may substitute the
measurement of efficiency management testing institutions with a self-measurement.
(3) Any manufacturer or importer of efficiency management machinery, equipment or
materials shall report the outcome of measurement
under paragraph (2) to the Minister
of Knowledge Economy, as prescribed by Ordinance of the Ministry of Knowledge
Economy.
(5) Efficiency management testing institutions shall be those recognized as testing
172 Ministry of Government Legislation
institutions under Article 23 of the Framework Act on National Standards, falling
under any of the following subparagraphs: 1. Testing or research institutes established by the State;
2. Specific research institutes under Article 2 of the Support of Specific Research Institutes
Act; or
3. Institutions recognized by the Minister of Knowledge Economy as having capabilities
to administer a test, which are equivalent
to or better than those of the research
institutes under subparagraphs 1 and 2.
Article 16 (Post Management of Efficiency Management Machinery, Equipment
or Materials)
(1) If any efficiency management machinery, equipment or materials are different with
the details publicly announced under Article
15 (1) 1, 3 or 4, the Minister of
Knowledge Economy may order a manufacturer, importer or distributor of the said
efficiency management
machinery, equipment or materials to correct such difference
within a prescribed period.
equipment or materials by the total number of items of relevant machinery, equipment
or materials, and shall publicly announce the
average energy efficiency to be observed
by the person who manufactures or imports and sells machinery, equipment or materials
determined by Ordinance of the Ministry of Knowledge Economy (hereafter in this
Article referred to as "average efficiency management
machinery, equipment or
materials"), for which it is deemed that an improvement of total energy efficiency
is specially required,
such as automobiles, etc. provided for in Article 3 (1) of the
Automobile Management Act Automobile Management Act.
(2) The Minister of Knowledge Economy may order the person who manufactures, or
imports and sells any average efficiency management
machinery, equipment or
materials who fall short of the average energy efficiency publicly announced under
paragraph (1) (hereafter
in this Article referred to as "standard average energy
efficiency"), to improve his/her average energy efficiency within a specific
period.
(3) The Minister of Knowledge Economy may publicly announce the details, with respect
to persons who have failed to comply with
the improvement order under paragraph
(2).
(4) Any person who manufactures, or imports and sells average efficiency management
machinery, equipment or materials shall submit
data concerning sales, which are
recognized as necessary for computing energy efficiency, and data concerning the
measurement of
efficiency to the Minister of Knowledge Economy.
(5) The method of computing average energy efficiency, improvement period, and
performance procedure of improvement order, method
of public announcement and
other necessary matters shall be determined by Ordinance of the Ministry of
Knowledge Economy.
1. Scope of application of each product subject to the reduction of standby power;
2. Standards for the reduction of standby power;
3. Methods for the measurement of standby power;
4. Indication of products (hereinafter referred to as "excellent products subject to the
reduction of standby power") subject to
the reduction of standby power, which show
the excellent capacity to reduce standby power; and
5. Other matters necessary for the management of products subject to the reduction of
standby power, which are prescribed by Ordinance
of the Ministry of Knowledge
Economy.
Article 19 (Designation of Products Subject to Warning Signs of Standby
Power)
(1) The Minister of Knowledge Economy shall determine and publicly announce the
following matters, relating to products determined
by Ordinance of the Ministry of
Knowledge Economy (hereinafter referred to as "products subject to warning signs
of standby power"),
which must comply to the standards for the reduction of standby
power under subparagraph 2 of Article 18, so as to raise the efficiency
of energy
use through the reduction of standby power, from among products subject to the
reduction of standby power: 1. Scope of application of each product subject to warning signs of standby power;
2. Indication of products subject to warning signs of standby power; and
3. Other matters necessary for the management of products subject to warning signs
of standby power, which are prescribed by Ordinance
of the Ministry of Knowledge
Economy.
(2) Any manufacturer or importer of products subject to warning signs of standby power
shall undergo measurement of products subject
to warning signs of standby power
by a testing institution (hereinafter referred to as "standby power testing institution")
designated
by the Minister of Knowledge Economy. Provided, that any manufacturer
or importer equipped with testing facilities or specialized
human resources determined
and publicly announced by the Minister of Knowledge Economy, who has obtained
approval from the Minister
of Knowledge Economy, as prescribed by Ordinance of
the Ministry of Knowledge Economy, may replace the measurement of standby power
testing institutions by a self-measurement.
(3) Any manufacturer or importer of products subject to warning signs of standby power
shall report the outcome of measurement under
paragraph (2) to the Minister of
Knowledge Economy, as prescribed by Ordinance of the Ministry of Knowledge
Economy.
(5) Anyone who intends to be designated as a standby power testing institution under
paragraph (2) should meet all of the following
requirements and apply for the
designation to the Minister of Knowledge Economy, as prescribed by Ordinance of
the Ministry of
Knowledge Economy: 1. Anyone who intends to be designated as a standby power testing institution must
be any of the following:
(a) Testing or research institute established by the State;
(b) Specific research institute under Article 2 of the Support of Specific
Research Institutes
Act;
(c) Institution recognized as a testing or examination institution under Article 23
of the Framework Act on National Standards;
or
(d) Institutions recognized by the Minister of Knowledge Economy as having
capabilities to administer a test, which are equivalent
to or better than those
of research institutes under items (a) and (b);
2. Anyone who intends to be designated as a standby power testing institution should
have testing facilities or specialized human
resources of product subject to the
reduction of standby power which are determined and publicly recognized by the
Minister of
Knowledge Economy.
Article 20 (Indication of Products Excellent in Reduction of Standby Power)
(1) When any manufacturer or importer of products subject
to the reduction of standby
power intends to indicate that relevant products are products excellent in the reduction
of standby
power, he/she shall be issued with a determination that the relevant products
meet standards for the reduction of standby power
under subparagraph 2 of Article
18, after standby power testing institutions measure the relevant products: Provided,
176 Ministry
of Government Legislation
That any one who has received approval from the Minister of Knowledge Economy
under the proviso to Article 19 (2) may replace the
measurements of standby power
testing institutions by a self-measurement.
(3) The Minister of Knowledge Economy may order persons falling under any of the
subparagraphs of Article 8 (1) to preferably purchase
products that are effective in
the reduction of standby power, or to encourage factories, places of business or
collective housing
areas to install or use such products, when it is deemed necessary
to promote the distribution of products effective in the reduction
of standby
power.
Article 21 (Post Management of Products Subject to Reduction of Standby
Power)
(1) When products effective in the reduction of standby power fall short of standards
for the reduction of standby power under subparagraph
2 of Article 18, the Minister
of Knowledge Economy may order any manufacturer or importer of products subject
to the reduction
of standby power to make a correction within a specific period, as
prescribed by Ordinance of the Ministry of Knowledge Economy.
(2) When any manufacturer or importer of products subject to the reduction of standby
power fails to comply with an order for correction
under paragraph (1), the Minister
of Knowledge Economy may announce such fact.
Article 22 (Certification of High-Efficiency Energy Machinery, Equipment or
Materials)
(1) The Minister of Knowledge Economy shall determine and publicly announce the
following matters, with respect to energy-using
machinery, equipment or materials
prescribed by Ordinance of the Ministry of Knowledge Economy, and the distribution
of which needs
to be promoted due to high efficiency in energy use (hereinafter referred
to as "machinery, equipment or materials subject to the
certification of high-efficiency
Laws on Green Growth, and Economic Investment in Korea 177
04_LawsConcerningGreenGrowth
energy"): 1. The scope of application of item of machinery, equipment or materials subject to
the certification of high-efficiency energy;
2. Standards, methods and procedures for the certification of machinery, equipment
or materials subject to the certification of high-efficiency
energy;
3. Methods for measuring the performance of machinery, equipment or materials
subject to the certification of high-efficiency energy;
4. Indication of the certification of machinery, equipment or materials (hereinafter
referred to as "high-efficiency energy machinery,
equipment or materials") subject
to the certification of high-efficiency energy, which shows excellent efficiency in
energy use;
and
5. Other matters necessary for the management of machinery, equipment or materials
subject to the certification of high-efficiency
energy, prescribed by Ordinance of
the Ministry of Knowledge Economy.
(2) When any manufacturer or importer of machinery, equipment or materials subject to
the certification of high-efficiency energy
indicates that the relevant machinery,
equipment or materials are high-efficiency energy machinery, equipment or materials,
he/she
shall undergo evaluation by a testing institution (hereinafter referred to as "high
efficiency testing institution") designated
by the Minister of Knowledge Economy,
whether the relevant energy-using machinery, equipment or materials meet the
standards for
certification under paragraph (1) 2 and when said standards are met
shall obtain certification from the Minister of Knowledge Economy
(3) Anyone who intends to obtain the certification of high-efficiency energy machinery,
equipment or materials under paragraph (2)
should apply for certification to the
Minister of Knowledge Economy, as prescribed by Ordinance of the Ministry of
Knowledge Economy.
178 Ministry of Government Legislation
(6) The Minister of Knowledge Economy may order persons falling under any of the
subparagraphs of Article 8 (1) to preferably purchase
high-efficiency energy machinery,
equipment or materials, or to encourage factories, places of business or collective
housing areas
to install or use such machinery, equipment or materials, when it is
deemed necessary for promoting the distribution of high-efficiency
energy machinery,
equipment or materials. 1. Anyone who intends to be designated as a high efficiency testing institution must
be any of the following:
(a) Testing or research institute established by the State;
(b) Specific research institute under Article 2 of the Support of Specific
Research Institutes
Act;
(c) Institution recognized as a testing or examination institution under Article 23
of the Framework Act on National Standards;
or
(d) Institutions recognized by the Minister of Knowledge Economy as having the
capabilities to administer a test, which are equivalent
to or better than those
of the research institutes under items (a) and (b);
2. Anyone who intends to be designated as a high efficiency testing institution should
have testing facilities or specialized human
resources of machinery, equipment or
materials subject to the certification of high-efficiency energy which are determined
and
publicly recognized by the Minister of Knowledge Economy, by product subject
to the reduction of standby power.
Article 23 (Post Management of High-Efficiency Energy Machinery, Equipment
or Materials)
(1) When high-efficiency energy machinery, equipment or materials fall under
subparagraph 1, the Minister of Knowledge Economy shall
revoke the certification
thereof, but when such machinery, equipment or materials fall under subparagraph
2, the Minister of Knowledge
Economy may either revoke the certification or issue
an order to stop the use of the certification within six months:
1. When any manufacturer or importer obtains certification by fraud or other wrongful
Laws on Green Growth, and Economic Investment
in Korea 179
04_LawsConcerningGreenGrowth
means;
2. When high-efficiency energy machinery, equipment or materials fall short of the
standards for certification under Article 22 (1)
2.
(2) The Minister of Knowledge Economy shall not grant certification to high-efficiency
energy machinery, equipment or materials
whose certification has been revoked under
paragraph (1) within one year from the date of revocation as determined by Ordinance
of the Ministry of Knowledge Economy. 1. When it acquires designation by fraud or other wrongful means;
2. When it administers a test during the period of business suspension;
3. When it refuses or delays a test without any justifiable ground;
4. When it administers a test, failing to comply with methods for measurement
determined and publicly announced by the Minister of
Knowledge Economy; or
5. When it fails to meet the standards for designation as a testing institution under
Article 15 (5), 19 (5) or 22 (7).
(2) When any person who has obtained approval of a self-measurement under the proviso
to Article 15 (2) or 19 (2) falls under subparagraph
1 or 2, the Minister of Knowledge
Economy shall revoke such approval, and when he/she falls under subparagraph 3
or 4, the Minister
of Knowledge Economy may revoke such approval or issue an
order to suspend a self-measurement by fixing a period within six months:
1. When he/she obtains approval by fraud or other wrongful means;
2. When he/she takes a measurement during the period of business suspension;
3. When he/she takes a measurement, failing to comply with the standards for
measurements determined and publicly notified by the
Minister of Knowledge
Economy;
4. When he/she fails to meet the standards for testing facilities or specialized human
180 Ministry of Government Legislation
resources determined and publicly announced by the Minister of Knowledge
Economy.
SECTION 2 POLICIES RELATED TO INDUSTRIES AND BUILDINGS
Article 25 (Support to Enterprise Specializing in Energy Saving)
(1) The
Government may provide necessary support to energy-saving projects and projects
to reduce the emission of greenhouse gases by saving
energy, conducted by any person
who operates the following business entrusted by a third person and has registered
with the Minister
of Knowledge Economy (hereinafter referred to as "enterprise
specialized in energy saving"): 1. Management and service projects of energy-using facilities for energy saving;
2. Projects concerning investment in energy-saving facilities prescribed in Article 14
(1);
3. Other energy-saving projects determined by Presidential Decree.
(2) Anyone who intends to be registered as an enterprise that
specialized in energy saving
should meet the standards for the registration of machinery, equipment or materials,
assets or technical
human resources and should apply for registration to the Minister
of Knowledge Economy, as prescribed by Presidential Decree.
Article 26 (Revoking Registration of Enterprise Specializing in Energy Saving)
Where an enterprise specializing in energy saving
falls under any of the following
subparagraphs, the Minister of Knowledge Economy may revoke the registration or suspend
the support
as prescribed by this Act. Provided, that where such enterprise falls under
subparagraph 1, the registration thereof shall be revoked:
1. When it obtains registration as prescribed in Article 25 (1) by fraud or other wrongful
means;
2. When it receives support under Article 14 (1) by fraud or other wrongful means or
uses subsidies for purposes other than their
original purpose;
3. When any enterprise, which has been registered as an enterprise specializing in energy
saving, applies for the revocation of such
registration;
4. When it allows another person to operate the business falling under any of the
Laws on Green Growth, and Economic Investment in
Korea 181
04_LawsConcerningGreenGrowth
subparagraphs of Article 25 (1) by using its name or title, or lends to other persons
the registration certificate issued by the
Minister of Knowledge Economy to enterprises
specialized in energy saving;
5. When it falls short of standards for registration under Article 25 (2);
6. When it fails to submit a report under Article 66 (1), or submits a false report, or
refuses, interferes with, or evades an inspection
prescribed in the said paragraph; or
7. Where it fails to commence business within three years after its registration without
any justifiable reason, or it has no business
performance results for three consecutive
years.
Article 27 (Restrictions on Registration of Enterprise Specializing in Energy
Saving)
Any enterprise specializing in energy saving, the registration of which is revoked under
Article 26, shall be prohibited from having
itself registered again within two years under
Article 25 (2) from the date on which its registration is revoked.
Article 28 (Support
for Companies which Conclude Voluntary Agreements)
(1) When any energy user or energy supplier guarantees (hereinafter referred
to as
"voluntary agreements") the Government or local governments to voluntarily establish
plans with an objective of reducing
the emission of greenhouse gases by saving energy
and using energy in a rational way, and the methods for the implementation of
such
plans and methods, requires the investment in energy-saving facilities or other facilities
prescribed by Presidential Decree,
the Government may provide support for such
investments.
(2) Necessary matters concerning the objectives of voluntary agreements and standards
for or evaluation of methods for implementation
thereof shall be prescribed by
Ordinance of the Ministry of Knowledge Economy, in consultation with the Minister
of Environment.
(1) Where any enterprise that has voluntarily entered into agreements or any enterprise
that specializes in energy saving files
an application for the registration of its record
of reduction in the emission of greenhouse gases through the rationalization of
energy
use, the Government shall keep and maintain said record of reduction.
182 Ministry of Government Legislation
(2) Necessary matters concerning applications, registration, and management referred to
in paragraph (1) shall be prescribed by
Presidential Decree.
Article 30 (Education and Training, Fostering of Human Resources, to Reduce
Emission of Greenhouse Gases)
(1) The Government may, if it is deemed necessary to reduce the emission of greenhouse
gases, conduct education and training for
persons in charge of the affairs related to
reduce the emission of greenhouse gases, including industrial workers.
(2) The Government
may designate any graduate school or graduate school university
from among graduate schools provided for in Article 29 of the Higher
Education Act
and from among the graduate school universities provided for in Article 30 of the
Higher Education Act as a specialized
graduate school for climate change, in order
to foster professional human resources necessary to reduce the emission of greenhouse
gases.
(3) The Government may provide support to operate specialized graduate schools for
climate change designated pursuant to paragraph
(2).
(4) Necessary matters concerning persons eligible for education and training, details of
education and training under paragraph
(1), procedures for designating specialized
graduate schools for climate change under paragraph (2) and details of support under
paragraph (3) shall be prescribed by Presidential Decree.
Article 31 (Report, etc. of Excessive Energy-Consuming Business Operator)
(1) Anyone for whom the quantity of energy consumed is not less than the standard
quantity prescribed by Presidential Decree, (hereinafter
referred to as "excessive
energy-consuming business operator") shall report the following matters to the
Mayor/Do Governor having
jurisdiction over the area where the relevant energy-using
facilities are located, not later than January 31 of each year, as prescribed
by Ordinance
of the Ministry of Knowledge Economy: 1. Quantity of energy consumed and the products manufactured in the previous year;
2. Estimated quantity of energy to be consumed and the products to be manufactured
in the current year;
3. Current status of energy-using machinery, equipment or materials;
4. Outcomes of the rationalization of energy use in the previous year, and plans for
the rationalization of energy use in the current
year; and
Laws on Green Growth, and Economic Investment in Korea 183
04_LawsConcerningGreenGrowth
5. Current status of persons in charge of the affairs referred to in subparagraphs 1
to 4 (hereinafter referred to as "person in
charge of energy management").
(2) The Mayor/Do Governor shall, upon receipt of the report under paragraph (1), inform
the Minister
of Knowledge Economy not later than the end of February of each year.
Article 32 (Energy Examinations)
(1) The Minister of Knowledge Economy shall determine and publicly announce the
standards, by section, necessary for an efficient
management of energy (hereinafter
referred to as "energy management standards") by any excessive energy-consuming
business operator,
after consulting with the head of the relevant administrative agency.
(2) Any excessive energy-consuming business operator shall undergo an examination by
an institution specializing in energy examination
designated by the Minister of
Knowledge Economy (hereinafter referred to as "examination institution") as to
whether his/her place
of business efficiently uses energy (hereinafter referred to as
"energy examination") during the period prescribed by Presidential
Decree within three
years. Provided, that this shall not apply to apartment houses and power plants where
energy examination is
not physically or technically possible, or where the effect of
energy examination is marginal, and other place of business determined
by Ordinance
of the Ministry of Knowledge Economy.
(5) If it is found as a result of energy examination that an excessive energy-consuming
business operator fails to observe the energy
management standards, the Minister of
Knowledge Economy may provide such business operator guidance for implementation
of energy
management standards (hereinafter referred to as "energy management
guidance").
by any excessive energy-consuming business operator in undergoing energy
examination. In such cases, the subject matter, size and
procedure of support shall
be determined by Presidential Decree.
Article 33 (Cancellation of Designation as Examination Institutions)
Where any person who is designated as an examination institution
falls under any of the
following subparagraphs, the Minister of Knowledge Economy may cancel the designation
or order the suspension
of business for a period not exceeding two years. Provided, that
in cases falling under subparagraph 1, the designation thereof
shall be cancelled:
1. Where it acquires designation by fraud or other wrongful means;
2. Where it performs energy examination in a profoundly inappropriate way in view of
energy management standards;
3. Where it fails to meet the designation criteria under Article 32 (7); or
4. Where it fails to submit a report under Article 66 (1), submits a false report or refuses,
obstructs or evades any inspection
under the same paragraph.
Article 34 (Orders for Improvement)
(1) The Minister of Knowledge Economy may, if deemed necessary to reduce energy
loss factors as a result of energy management guidance,
order an excessive
energy-consuming business operator to improve such factors.
(2) The requirements and procedures for orders for improvement referred to in paragraph
(1) shall be determined by Presidential
Decree.
Article 35 (Establishment, etc. of Prime Target Unit of Energy)
(1) The Minister of Knowledge Economy shall, if deemed necessary
to increase the
Laws on Green Growth, and Economic Investment in Korea 185
04_LawsConcerningGreenGrowth
efficiency of energy use, determine and publicly announce the energy use target by
unit of products manufactured using energy or
by unit area of a building (hereinafter
referred to as "prime target unit of energy") in consultation with the head of the relevant
administrative agency.
(1) Each energy user shall endeavor to utilize waste-produced heat in the place of business
and proactively cooperate with any person
who will obtain waste heat not used in
the place of business of the energy user to be utilized outside the relevant place of
business.
(2) If he/she deems it necessary, to promote the utilization of waste-produced heat, the
Minister of Knowledge Economy may recommend
energy users producing waste heat
to utilize the same jointly or to supply waste heat to any third person. Provided, that
where
any consultation between the interested parties on the joint utilization of waste
heat or its supply to a third party is not achieved
or is impossible, he/she may adjust
it.
(3) Any business operator prescribed by the Integrated Energy Supply Act shall proactively
endeavor to utilize waste heat generated
from incineration facilities or industrial
facilities in the area designated as an area subject to the supply of integrated energy
under Article 5 of the same Act.
Article 36-2 (Designation of Heating and Cooling Temperature Restriction
Buildings)
(1) The Minister of Knowledge Economy may designate any of the following buildings
as a heating and cooling temperature restriction
building by determining the restrictions
on heating or cooling temperatures or the period of restriction, when it is deemed
necessary
for saving energy and using energy in a rational way:
1. Any building used by a person falling under any of the subparagraphs of Article
8 (1) for his/her business; or
2. Any building where the quantity of energy used is within the standard quantity
prescribed by Presidential Decree, from among energy-using
facilities of excessive
energy-consuming business operators.
186 Ministry of Government Legislation
(2) The Minister of Knowledge Economy shall, when he/she designates any heating and
cooling temperature restriction by determining
restrictions on heating or cooling
temperatures or the period of restriction under paragraph (1), give notice according
to the
following subparagraphs and shall publicly announce such fact:
1. Any building falling under paragraph (1) 1: Management institutions (referring to
the head of the relevant institution, when no
management institution exists;
hereinafter the same shall apply) shall be notified;
2. Any building falling under paragraph (1) 2: Excessive energy-consuming business
operators shall be notified.
(3) The management institution of a building (hereinafter referred to as "heating and
cooling temperature restriction building")
designated as a building restricting heating
and cooling temperatures under paragraphs (1) and (2) or any excessive energy-consuming
business operator shall maintain and manage heating and cooling temperatures of the
particular building to ensure that such temperatures
are suitable for restricted
temperatures.
(4) The Minister of Knowledge Economy may check whether the management institution
of a heating and cooling temperature restriction
building or any excessive energy-consuming
business operator maintains or manages the heating and cooling temperatures of the
particular
building within the scope of the restricted temperatures or ascertain the actual
status thereof.
(5) Necessary matters concerning standards for determining restrictions on heating and
cooling temperatures under paragraph (1),
standards for the designation of a heating
and cooling temperature restriction building or methods for checking under paragraph
(4) shall be prescribed by Ordinance of the Ministry of Knowledge Economy.
[This Article Newly Inserted by Act No. 9373, Jan. 30,
2009]
Article 36-3 (Measures for the Maintenance and Management of Heating and
Cooling Temperature Restriction Buildings)
When the management of the heating and cooling temperature restriction buildings or
excessive energy-consuming business operators
fail to maintain or manage the heating
and cooling temperatures of the particular building within the scope of the restricted
temperatures
under Article 36-2 (3), the Minister of Knowledge Economy may recommend
the taking of measures necessary for the suitable maintenance
or management of heating
and cooling temperatures, such as controlling heating and cooling temperatures, or order
the taking of
corrective measures.
Laws on Green Growth, and Economic Investment in Korea 187
MANAGEMENT OF HEAT-USING MACHINERY, EQUIPMENT OR MATERIALSCHAPTER IV
04_LawsConcerningGreenGrowth
[This Article Newly Inserted by Act No. 9373, Jan. 30, 2009]
Article 37 (Specific Heat-Using Machinery, Equipment or Materials)
Any person who is in the business (hereinafter referred to as "business of construction
execution") of installing, constructing
heat-using machinery, equipment or materials
determined by Ordinance of the Ministry of Knowledge Economy (hereinafter referred
to as "specific heat-using machinery, equipment or materials"), who is required to
undertake safety control, hazard prevention,
and efficiency management of energy use
in the course of manufacture, installation, construction and utilization, from among
heat-using
machinery, equipment or materials, or who is in the business of washing a
pipe thereof, shall register with the Mayor/Do Governor
pursuant to Article 9 (1) of the
Framework Act on the Construction Industry.
Where any person (hereinafter referred to as "constructor") who has filed registration of
the business of construction under Article
37 causes serious problems to the safety of
the facilities or the management of energy efficiency because of the poor installation,
the construction of specific heat-using machinery, equipment or materials, or the poor
washing of a pipe thereof intentionally
or by negligence, the Minister of Knowledge
Economy may request the Mayor/Do Governor to cancel such registration or suspend all
or part of the particular construction business.
(2) Any person falling under any of the following subparagraphs (hereinafter referred to
as "installer of machinery and equipment
subject to inspection") shall undergo an
188 Ministry of Government Legislation
inspection by the Mayor/Do Governor, as determined by Ordinance of the Ministry
of Knowledge Economy: 1. A person who intends to install, or to use by reengineering, machinery and
equipment subject to inspection;
2. A person who intends to use machinery and equipment subject to inspection by
altering their place of installation; or
3. A person who intends to reuse machinery and equipment subject to inspection after
suspending their use.
(3) The Mayor/Do Governor shall deliver without delay the certificate specifying the
validity period of inspection to the manufacturer
or installer of machinery and
equipment subject to inspection as proof that it passed the inspection under paragraph
(1) or (2).
(4) Any person who intends to continue the use of the machinery and equipment subject
to inspection, which validity term of inspection
expires, shall undergo a re-inspection
by the Mayor/Do Governor, as determined by the Ordinance of the Ministry of
Knowledge Economy.
(6) In any inspection under paragraphs (1), (2) and (4), the Mayor/Do Governor may
wholly or partially exempt an inspection, within
the scope that will not undermine
the safety control and hazard prevention of machinery and equipment subject to
inspection, as
prescribed by Ordinance of the Ministry of Knowledge Economy.
(7) Any installer of machinery and equipment subject to inspection shall, when falling
under any of the following subparagraphs,
report to the Mayor/Do Governor, as
determined by Ordinance of the Ministry of Knowledge Economy:
1. Where machinery and equipment subject to inspection have been destroyed;
Laws on Green Growth, and Economic Investment in Korea
189
04_LawsConcerningGreenGrowth
2. Where the utilization of machinery and equipment subject to inspection has been
suspended;
3. Where an installer of machinery and equipment subject to inspection has been
changed; or
4. Where machinery and equipment subject to inspection prescribed by Ordinance
of the Ministry of Knowledge Economy, from among machinery
and equipment
subject to inspection, the inspection of which is wholly or partially exempted under
paragraph (6), have been installed.
(8) The details and standards for the inspection of machinery and equipment subject to
inspection and other necessary matters shall
be determined by Ordinance of the
Ministry of Knowledge Economy.
(1) Any installer of machinery and equipment subject to inspection shall appoint an
operator of such machinery and equipment (hereinafter
referred to as "operator of
machinery and equipment subject to inspection") for the safety control, hazard
prevention, and efficiency
management of energy use of the machinery and equipment
subject to inspection.
(2) The standards for qualification and appointment of operators of machinery and
equipment subject to inspection shall be determined
by Ordinance of the Ministry
of Knowledge Economy.
(4) Where any installer of machinery and equipment subject to inspection dismisses an
operator of machinery and equipment subject
to inspection, or the operator retires
from office, he/she shall appoint another operator of machinery and equipment subject
to
inspection, before the dismissal or retirement. Provided, that if it falls under a cause
prescribed by Ordinance of the Ministry
of Knowledge Economy, the appointment
of another operator of machinery and equipment subject to inspection may be
postponed upon
approval of the Mayor/Do Governor.
190 Ministry of Government Legislation
ORGANIZATION OF CONSTRUCTORSCHAPTER V
ENERGY MANAGEMENT CORPORATIONCHAPTER VI
Article 41 (Establishing the Organization of Constructors)
(1) Constructors may, for the maintenance of their dignity, the advancement
of technology,
the improvement of construction execution systems, and the sound development of
the construction business, establish
the organization of constructors upon the
authorization of the Minister of Knowledge Economy.
(2) The organization of constructors shall be a juridical person.
(3) The organization of constructors shall be established by completing
the registration
of incorporation.
(4) Necessary matters concerning the establishment, matters to be entered in the Articles
of association, and supervision of the
organization of constructors shall be prescribed
by Presidential Decree.
Article 42 (Membership Qualification of the Organization of Constructors)
Any constructor may join the organization of constructors.
Article 43 (Proposal and Advice)
The organization of constructors may make a proposal for matters concerning construction
business to the Government or provide advice
thereon as requested by the Government.
Article 44 (Application Mutatis Mutandis of the Civil Act)
Except as provided by this Act,
the provisions of the Civil Act concerning an incorporated
association shall be applicable mutatis mutandis to the organization
of constructors.
Article 45 (Establishment of Energy Management Corporation)
(1) In order to efficiently promote a rationalization
project of energy use, the Energy
Management Corporation (hereinafter referred to as the "Corporation") shall be
established.
(2) The Government or any person may make contribution to cover the funds incurred
Laws on Green Growth, and Economic Investment
in Korea 191
04_LawsConcerningGreenGrowth
in the establishment, operation and projects of the Corporation.
(3) The times and methods of contribution under paragraph (2) and
other necessary matters
shall be determined by Presidential Decree.
Article 46 (Legal Personality)
The Corporation is a juristic person.
Article 47 (Office)
(1) The seat of the principal office of the Corporation shall be determined by the Articles
of association of the Corporation.
(2) The Corporation may establish any branch offices, training institutes, business offices,
or affiliated organization, at any
necessary place, upon approval of the Minister of
Knowledge Economy.
The following matters, other than matters to be entered under Article 16 (1) of the Act
on the Management of Public Institutions,
shall be included in the Articles of association
of the Corporation:
1. Matters concerning branch offices, training institutes and business offices;
2. Matters concerning the operation and management of affiliated organizations;
3. Matters concerning property; and
4. Matters concerning the enactment, amendment or repeal of rules and provisions.
[This Article Wholly Amended by Act No. 9373, Jan.
30, 2009]
Article 49 (Registration of Incorporation)
(1) The Corporation shall come into existence upon registration of the Articles of
incorporation at the seat of its principal office.
(2) The registration of incorporation under paragraph (1) shall include the following
matters:
1. Objectives;
2. Title;
3. Principal office, branch offices, training institutes and business offices;
4. Names and addresses of executives; and
192 Ministry of Government Legislation
5. Methods of public announcement.
(3) Matters necessary for registration, other than the registration of incorporation, shall
be
determined by Presidential Decree.
Article 50 (Prohibition of Use of Similar Title)
No person, other than the Corporation, may use the title "Energy Management Corporation"
or any titles similar thereto.
Article 51 (Executives)
The Corporation shall appoint directors, including a chief director and a deputy director,
an auditor, and the entire composition
thereof shall be as follows:
1. One chief director;
2. One deputy director;
3. Not more than nine directors, excluding a chief director and a deputy director (including
not more than six non-standing directors);
and
4. One auditor.
Article 52 Deleted.
(1) The chief director shall represent the Corporation and shall have the general control
over the affairs of the Corporation.
(2) The deputy director shall assist the chief director.
(3) The directors shall take partial charge of the affairs of the Corporation pursuant to
the Articles of association.
Laws on Green Growth, and Economic Investment in Korea 193
04_LawsConcerningGreenGrowth
Article 57 (Projects)
The Corporation shall carry out the following projects:
1. Projects for the rationalization of energy use, thereby reducing the emission of
greenhouse gases;
2. Development, introduction, guidance and dissemination of energy technology;
3. Loan and support of funds for the rationalization of energy use, development and
dissemination of new and renewable energy and
collective energy supply projects;
4. Projects falling under each subparagraph of Article 25 (1);
5. Energy examination and energy management guidance;
6. Promotion of new and renewable energy development projects;
7. Investigation, research, education and public relations for energy control;
8. Acquisition, installation, operation, lease and transfer of land, buildings, facilities, etc.
for the rationalization project
of energy use;
9. Support and management for the promotion of collective energy projects under Article
2 of the Integrated Energy Supply Act;
10. Efficiency management of energy-using machinery, equipment or materials, and safety
control of heat-using machinery, equipment
or materials;
11. Projects connected to projects under subparagraphs 1 to 10; and
12. Projects for the rationalization of energy use and for the reduction of the emission
of greenhouse gases, other than those under
subparagraphs 1 to 11, which are entrusted
by the Minister of Knowledge Economy, the Mayor/Do Governor, other agencies,
etc.
Article 58 (Liability for Expenses)
The Corporation may have any person who benefits from the project bear the expenses
incurred in the project, upon approval of the
Minister of Knowledge Economy.
Article 59 (Borrowing of Funds)
If the Corporation conducts a project under subparagraph 4 of Article 57, it may borrow
funds from the Government, the Fund established
by the Government, a domestic or foreign
financial institution, the government of any foreign country or an international organization.
194 Ministry of Government Legislation
Article 60 (Accounts)
(1) Deleted.
(2) The Corporation shall, before each fiscal year commences, formulate a budget by
classifying it into the general provision of
a budget, estimated income statement,
estimated balance sheet and fund plans and obtain the approval of the Minister of
Knowledge
Economy, by a resolution of the board of directors. And the same shall
also apply in cases where it intends to modify it.
(3) Deleted.
Article 61 (Settlement of Profits)
If there is any profit as a result of the settlement of accounts in each fiscal year, the
Corporation shall appropriate it for making
up any loss brought forward, and the remainder
shall be reserved, if any, as determined by the Minister of Knowledge Economy.
Article 62 (Guidance and Supervision on Affairs)
(1) The Minister of Knowledge Economy may guide and supervise the following affairs
of the Corporation, and may, if necessary, give
any direction, disposition or order
necessary for carrying out such affairs, to the Corporation:
1. Project plans and formulation of a budget;
2. Projects results and the settlement of accounts;
3. Projects conducted by the Corporation under Article 57;
4. Affairs entrusted by the Minister of Knowledge Economy under Article 69 (3).
(2) The Minister of Knowledge Economy may have the
Corporation report on matters
necessary for the affairs, accounts and property of the Corporation, or have any public
official
under his/her control inspect any books, documents and other items of the
Corporation.
04_LawsConcerningGreenGrowth
or use any confidential information known to him/her in the course of his/her performance
of duties.
Article 64 (Application Mutatis Mutandis of the Civil Act)
Except as provided by this Act and the Act on the Management of Public
Institutions,
the provisions of the Civil Act on the incorporated foundation shall be applicable mutatis
mutandis to the Corporation.
(1) The Minister of Knowledge Economy shall conduct education for persons in charge
of energy management, technical human resources
of construction n business and
operators of machinery and equipment subject to inspection that will help them to
efficiently manage
energy and to safely manage specific heat-using machinery,
equipment or materials.
(3) Excessive energy-consuming business operators, constructors and installers of
machinery and equipment subject to inspection
shall have the persons in charge of
energy management, technical human resources of construction execution business,
and operators
of machinery and equipment subject to inspection appointed or employed
by them, to undergo training under paragraph (1).
(4) Training
institutions, the period and curricula of training under paragraph (1), and
other matters necessary for training, shall be determined
by Ordinance of the Ministry
of Knowledge Economy.
(1) The Minister of Knowledge Economy or the Mayor/Do Governor may order
manufacturers, importers or distributors of efficiency
management machinery, equipment
or materials, and products subject to the reduction of standby power or machinery,
equipment or
materials subject to the certification of high-efficiency energy, any testing
institutions, enterprises specializing in energy saving,
excessive energy-consuming
196 Ministry of Government Legislation
business operators, examination institutions and installers of machinery and equipment
subject to inspection, to report on the relevant
affairs, as prescribed by Ordinance
of the Ministry of Knowledge Economy, or to have any public official under his/her
control
or any employee of the Corporation enter the business offices, places of
business, factories or warehouses of manufacturers of efficiency
management
machinery, equipment or materials, etc. to inspect books, documents, energy-using
machinery, equipment or materials
or other items, when it is deemed necessary for
the enforcement of this Act.
Article 67 (Fees)
Any person falling under any of the following subparagraphs shall pay the fees prescribed
by Ordinance of the Ministry of Knowledge
Economy:
1. Any person who intends to apply for certification of high-efficiency energy machinery,
equipment or materials under Article 22
(3);
2. Any person who intends to undergo an energy examination under Article 32 (2); or
3. Any person who intends to undergo an inspection of machinery and equipment subject
to inspection under Article 39 (1), (2) or
(4).
Article 68 (Hearings)
If the Minister of Knowledge Economy intends to take any of the following dispositions,
he/she shall hold a hearing: 1. Order to prohibit the production or sale of efficiency management machinery, equipment
or materials under Article 16 (2);
2. Cancellation of certification of high-efficiency energy machinery, equipment or materials
under Article 23 (1);
3. Cancellation of designation as testing institutions under Article 24 (1);
4. Revocation of approval to take a self-measurement under Article 24 (2);
5. Revocation of the registration of enterprises specializing in energy saving under Article
26; or
6. Cancellation of designation as examination institutions under Article 33.
Laws on Green Growth, and Economic Investment in Korea
197
04_LawsConcerningGreenGrowth
Article 69 (Delegation or Entrustment of Authority)
(1) The Minister of Knowledge Economy may delegate part of his/her authority
under
this Act to the Mayor/Do Governor, as prescribed by Presidential Decree.
(2) The Mayor/Do Governor may entrust part of his/her authority delegated under
paragraph (1) to the head of a Si/Gun/Gu (limited
to the head of autonomous Gu)
after obtaining approval from the Minister of Knowledge Economy.
(3) The Minister of Knowledge Economy or the Mayor/Do Governor may, as prescribed
by Presidential Decree, entrust the following
affairs to the Corporation, the organization
of constructors or institutions prescribed by Presidential Decree: 1. Examination of an energy use plan under Article 11;
2. Examination or ascertainment as to whether a project supervisor implements energy
use plan, etc. under Article 12;
3. Receipt of reports on measurement results of efficiency management machinery,
equipment or materials under Article 15 (3);
4. Receipt of reports on measurement results of products subject to warning signs
of standby power under Article 19 (3);
5. Receipt of reports on measurement results of products subject to the reduction of
standby power under Article 20 (2);
6. Receipt of applications for the certification of high-efficiency energy machinery,
equipment or materials and the certification
thereof under Article 22 (3) and (4);
7. Order to cancel the certification of high-efficiency energy machinery, equipment
or materials or suspend the use of such certification
under Article 23 (1);
8. Registration of enterprises specializing in energy saving under Article 25 (1);
9. Registration and management of the results of reducing the emission of greenhouse
gases under Article 29 (1);
10. Receipt of reports of excessive energy-consuming business operators under Article
31 (1);
11. Management and supervision of examination institutions under Article 32 (3);
12. Guidance for energy management under Article 32 (5);
12-2. Examination and ascertainment as to whether heating and cooling temperatures
198 Ministry of Government Legislation
PENAL PROVISIONSCHAPTER VIII
are maintained or managed appropriately under Article 36-2 (4);
13. Inspection of machinery and equipment subject to inspection, issuance of certificates,
and acceptance of reports on the destruction
of machinery and equipment subject
to inspection under Articles 39 (1) through (4) and (7); and
14. Receipt of reports on the appointment, dismissal or retirement of operators of
machinery and equipment subject to inspection,
and approval for extensions of
appointment periods of said operators, under Article 40 (3) and the proviso to
paragraph (4) of
the same Article.
Article 70 (Legal Fiction as Public Official in Application of Penal Provisions)
For purposes of Articles 129 to 132 of the Criminal
Act, officers and employees of
institutions or organizations engaged in affairs entrusted by the Minister of Knowledge
Economy
under Article 69 (3) shall be deemed as public officials.
Article 71 (Relations to other Acts)
(1) Deleted.
(2) Where the propriety of the supply of collective energy is consulted under Article 4
of the Integrated Energy Supply Act, the
matters concerning the supply of collective
energy, among details of consultation on energy use plans under Article 10 shall be
considered to have been consulted.
Article 72 (Penal Provisions)
Any person who falls under any of the following subparagraphs shall be punished by
imprisonment of not more than two years or by
a fine not exceeding 20 million won:
1. Any person who refuses or fails to fulfill duty to secure energy storage facilities or
store energy under Article 7 (1) without
any justifiable grounds;
2. Any person who violates measures, such as adjustment and orders under Article 7 (2)
1 to 8 or 10; or
3. Any person who discloses or uses any confidential information known to him/her in
performing his/her duties, in violation of Article
63.
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04_LawsConcerningGreenGrowth
Article 73 (Penal Provisions)
Any person who falls under any of the following subparagraphs shall be punished by
imprisonment of not more than one year or by
a fine not exceeding 10 million won:
1. Any person who fails to undergo an inspection of machinery and equipment subject
to inspection, in violation of Article 39 (1),
(2) or (4); or
2. Any person who uses machinery and equipment subject to inspection, in violation of
Article 39 (5).
Article 74 (Penal Provisions)
Any person who violates an order to prohibit the production or sale under Article 16
(2) shall be punished by a fine not exceeding
20 million won.
Article 75 (Penal Provisions)
Any person who fails to appoint operators of machinery and equipment subject to
inspection, in violation of Article 40 (1) or (4)
shall be punished by a fine not exceeding
10 million won.
[This Article Wholly Amended by Act No. 9373, Jan. 30, 2009]
Article 76 (Penal Provisions)
Any person who falls under any of the following subparagraphs shall be punished by
a fine not exceeding five million won:
1. Deleted; 2. Any person who fails to report the outcome of measuring the energy used by the relevant
efficiency management machinery, equipment
or materials, in violation of Article 15
(3);
3. Deleted; 4. Any person who fails to report measurement results of products subject to warning
signs of standby power under Article 19 (3);
5. Any person who fails to attach warning signs of standby power to products under
Article 19 (4);
6. Any person who indicates that the relevant products are products effective in the
reduction of standby power, in violation of
Article 20 (1), or gives a false indication;
7. Any person who fails to comply with a corrective order under Article 21 (1) without
200 Ministry of Government Legislation
any justifiable grounds; or
8. Any person who indicates certification, in violation of Article 22 (5).
Article 77 (Joint Penal Provisions)
If a representative of a juristic person, or an agent, employee or other employed person
of a juristic person or individual, commits
the offenses prescribed in Articles 72 to 76
in connection with the affairs of the juristic person or individual, the fine prescribed
in
the respective Articles shall also be imposed on the juristic person or individual, in addition
to the punishment of the offender.
Provided, that the same shall not apply where the
juristic person or individual has exercise due diligence and supervision over
the relevant
affairs in order to prevent such violation.
[This Article Wholly Amended by Act No. 9236, Dec. 26, 2008]
Article 78 (Fines for Negligence)
(1) Any excessive energy-consuming business operator who fails to undergo energy
examination, in violation of Article 32 (2), shall
be punished for negligence with a
fine not exceeding 20 million won.
(2) Any person who falls under any of the following subparagraphs shall be punished
for negligence with a fine not exceeding 10
million won:
1. Any person who fails to submit energy use plans or altered energy use plans, in
violation of Article 10 (1) or (3). Provided,
that the project supervisor which is
the State or local government shall be excluded;
2. Any person who fails to comply with an improvement order under Article 34
without any justifiable grounds; or
3. Any person who refuses, obstructs or evades an inspection under Article 66 (1).
(3) Any person who falls under any of the following
subparagraphs shall be punished
for negligence with a fine not exceeding five million won:
1. Any person who fails to indicate energy efficiency rating or energy efficiency in
the relevant efficiency management machinery,
equipment or materials, or gives
a false indication, in violation of Article 15 (2); or
2. Any person who runs an advertisement which does not include matters under Article
15 (4).
Laws on Green Growth, and Economic Investment in Korea 201
04_LawsConcerningGreenGrowth
(4) Any person who falls under any of the following subparagraphs shall be punished
for negligence with a fine not exceeding three
million won. Provided, that in cases
under subparagraphs 1, 4 to 6, 8, 9 and 9-2 to 9-4, the State or local governments
shall be
excluded: 1. Any person who violates any adjustment, order, or other necessary measure
concerning the restriction or prohibition of the use
of energy as prescribed in Article
7 (2) 9;
2. Any person who fails to submit a demand management investment plan and the
outcome of implementation without any justifiable grounds,
in violation of Article
9 (1);
3. Any person who fails to implement a demand management investment plan after
correcting or supplementing such plan, in violation
of Article 9 (2);
4. Any public project supervisor who refuses or fails to comply with a request for
necessary measures as prescribed in Article 11
(1) without any justifiable grounds;
5. Any project supervisor who refuses a request for presentation of related materials
as prescribed in Article 11 (2) without any
justifiable grounds;
6. Any project supervisor who refuses, obstructs or evades an examination or
ascertainment as to whether he/she implements an energy
use plan as prescribed
in Article 12 without any justifiable grounds;
7. Any person who fails to submit data or submits false data, in violation of Article
17 (4);
8. Any person who fails to preferentially purchase products excellent in the reduction
of standby power or high-efficiency energy
machinery, equipment or materials
without any justifiable grounds, in violation of Article 20 (3) or 22 (6);
9. Any person who fails to submit a report under Article 31 (1) or submits a false
report;
9-2. Any person who refuses, obstructs or evades an examination or ascertainment as
to whether heating and cooling temperatures
are maintained or managed under
Article 36-2 (4) without any justifiable grounds;
9-3. Any person who fails to comply with a corrective
order under Article 36-3 without
any justifiable grounds;
9-4. Any person who fails to submit a report under Article 39 (7) or 40 (3) or submits
a false report;
10. Any person who uses the name "Energy Management Corporation" or any name
202 Ministry of Government Legislation
similar thereto, in violation of Article 50;
11. Any person who fails to receive education, in violation of Article 65 (2), or fails
to have other persons receive training, in
violation of Article 65 (3); or
12. Any person who fails to submit a report under Article 66 (1) or submits a false
report.
(5) Fines for negligence as prescribed in paragraphs (1) to (4) shall be imposed and
collected by the Minister of Knowledge Economy
or the Mayor/Do Governor, as prescribed
by Presidential Decree.
(6) to (8) Deleted.
Article 1 (Enforcement Date)
This Act shall take effect three months after the date of its promulgation. Provided, that
transitions from environment management
system certification into green management
system certification under Article 4 (12) and (13) of the Addenda shall take effect 18
months after the date of its promulgation.
Articles 2 through 4 Omitted.
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