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Laws of the Republic of Korea |
Act No. 4425, Dec. 14, 1991
Amended by Act No. 4508, Dec. 2, 1992
Act No. 4541, Mar. 6, 1993
Act No. 4781, Aug. 3, 1994
Act No. 5453, Dec. 13, 1997
Act No. 5454, Dec. 13, 1997
Act No. 5831, Feb. 8, 1999
Act No. 6283, Dec. 23, 2000
Act No. 6601, Jan. 14, 2002
Act No. 6627, Jan. 26, 2002
Act No. 6656, Feb. 4, 2002
Act No. 7428, Mar. 31, 2005
Act No. 7476, Mar. 31, 2005
Act No. 7510, May 26, 2005
Act No. 7999, Sep. 27, 2006
Act No. 8014, Sep. 27, 2006
Act No. 8351, Apr. 11, 2007
Act No. 8352, Apr. 11, 2007
Act No. 8370, Apr. 11, 2007
Act No. 8371, Apr. 11, 2007
Act No. 8404, Apr. 27, 2007
Act No. 8487, May 25, 2007
Act No. 8635, Aug. 3, 2007
Act No. 8733, Dec. 21, 2007
Act No. 8819, Dec. 27, 2007
Act No. 8820, Dec. 27, 2007
Act No. 8852, Feb. 29, 2008
Act No. 8863, Feb. 29, 2008
Act No. 8976, Mar. 21, 2008
Act No. 9248, Dec. 26, 2008
Act No. 9313, Dec. 31, 2008
Act No. 9758, Jun. 9, 2009
Act No. 9933, Jan. 18, 2010
Act No. 10219, Mar. 31, 2010
Act No. 10272, Apr. 15, 2010
CHAPTER Ⅰ GENERAL PROVISIONS
The purpose of this Act is to actively cope with the United Nations Framework Convention on Climate Change and to contribute to energy
conservation and enhancement of the
convenience in the life of the people by expanding the integrated energy supply, operating the integrated energy supply reasonably,
and prescribing the matters concerning the construction, operation and safety of integrated energy facilities.
[This Article Wholly Amended by Act No. 9933, Jan, 18, 2010]
The definitions of terms used in this Act shall be as follows:
1. The termintegrated energy means heat or heat and electricity supplied to a large number of users;
2. The termbusinessmeans a business which supplies integrated energy and meets the standards prescribed by Presidential Decree;
3. The termbusiness operator means any person who has obtained a business license under Article 9;
4. The termusermeans any person who uses integrated energy supplied by a business operator (including any person who intends to be supplied with
integrated energy);
5. The integrated energy facilities means facilities for the production, transportation, distribution, or use of integrated energy, including
facilities for supply and facilities for use;
6. The termfacilities for supply means facilities for the production, transportation, or distribution of integrated energy under the control of a business operator;
7. The termfacilities for usemeans facilities for the use of integrated energy under the control of a user;
8. The heat producer means any person who produces or generates heat. [This Article Wholly Amended by Act No. 9933, Jan, 18, 2010]
CHAPTER II INTEGRATED ENERGY SUPPLY
(1) The Minister of Knowledge Economy shall develop and publicly announce a master plan for integrated energy supply (hereinafter
referred to master plan ) every five years as prescribed by Presidential Decree. Where he/she has modified the mater plan, he/she shall also
notify it publicly.
(2) Matters referred to in the following subparagraphs shall be included in a master plan pursuant to paragraph (1):
1. A medium- and long-term plan concerning integrated energy supply;
2. Subject matter of and standards for integrated energy supply;
3. Targets for energy conservation and for reduction in the amount of emission of air pollutants according to integrated energy supply;
4. Other matters deemed necessary concerning integrated energy supply.
(3) Where the Minister of Knowledge Economy intends to formulate or modify a master plan, he/she shall consult in advance with the
head of the relevant central administrative agency.
[This Article Wholly Amended by Act No. 9933, Jan, 18, 2010]
If the head of a central administrative agency, local government, public corporation (hereinafter referred to as "public corporation")
pursuant to Article 5 of the Act on the Management of Public Institutions or public organization intends to formulate a plan of a
housing construction project, housing site development project, industrial complex development project and other projects prescribed
by Presidential Decree (hereinafter referred to asdevelopment project ), he/she shall consult with the Minister of Knowledge Economy about the appropriateness of integrated energy
supply, as prescribed by Ordinance of the Ministry of Knowledge Economy. The same shall also apply to cases where he/she intends
to modify the plan.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
(1) In cases of any of the following subparagraphs, the Minister of Knowledge Economy shall designate and publicly announce districts
to be supplied with integrated energy (hereinafter referred to asarea to be supplied ), as prescribed by Presidential Decree. The same shall also apply to cases where he/she has changed the matters
announced:
1. Where it is necessary to carry out a master plan;
2. Where, as a result of consultation pursuant to Article 4, it is deemed appropriate to supply integrated energy;
3. Where it is deemed necessary to designate an area to be supplied.
(2) Where the Minister of Knowledge Economy intends to designate an area to be supplied pursuant to paragraph (1), he/she shall publicly
announce the important matter regarding designation of an area to be supplied for not less than 30 days in advance and hear opinions
of the interested parties, such as the residents of the relevant area, and of a
person who executes a development project and consult with the head of the relevant central administrative agency and the Special
Metropolitan City Mayor, Metropolitan City Mayor, Do Governor or the Governor of a Special Self-Governing Province (hereinafter referred
to as Mayor/Do Governor ). The same shall also apply to cases
where he/she changes matters consulted upon after designating an area to be supplied:
Provided, That this shall not apply to cases where he/she changes minor matters prescribed by Presidential Decree.
(3) Any person who intends to supply integrated energy to a specific district may apply for designation of an area to be supplied
to the Minister of Knowledge Economy as stipulated by Ordinance of the Ministry of Knowledge Economy. In such cases, the Minister
of Knowledge Economy shall examine whether it falls under any of the subparagraphs of paragraph (1) and notify an applicant of the
result within the period stipulated by Ordinance of the Ministry of Knowledge Economy.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
(1) Any person who intends to newly establish, re-establish, or extend heat production facilities, such as boilers, at standards
higher than those prescribed by Presidential Decree in an area to be supplied shall obtain a permit from the Minister of Knowledge
Economy.
(2) Where any person who has obtained a permit pursuant to paragraph (1) changes the matters permitted, he/she shall obtain an amended
permit from the Minister of Knowledge Economy: Provided, That this shall not apply to any change in minor matters prescribed by
Presidential Decree.
(3) Where an application for new construction, etc. of heat production facilities pursuant to paragraph (1) or an application for
amended permit pursuant to paragraph (2) is made, if such application falls under any of the following subparagraphs, the Minister
of Knowledge Economy shall grant a permit:
1. Where the demand for integrated energy in an area to be supplied exceeds the supply volume;
2. Where separate air conditioning facilities or steam generating facilities (limited to the relevant facilities) are required due
to the nature of uses of buildings other than housing in an area to be supplied where a district air conditioning and heating project
is implemented;
3. Where an applicant for a permit or an amended permit is not stably supplied with
integrated energy by a business operator.
(4) The Minister of Knowledge Economy may order any person who has newly constructed, reconstructed, or extended heat production facilities
in an area to be supplied without obtaining a permit or an amended permit pursuant to paragraph (1) or (2) to reinstate them.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
(1) The State or a local government may provide subsidies to a business operator in order to expand integrated energy supply.
(2) Any person who carries out a development project shall provide support in securing building sites or such, necessary for a business
operator to conduct business in an area to be supplied, as prescribed by Presidential Decree.
(3) Where the State or a local government provides subsidies pursuant to paragraph (1), it may preferentially subsidize any business
operator who uses natural gas (including liquefied natural gas) or new or renewable energy pursuant to subparagraph 1 of Article
2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy as fuel.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
CHAPTER III BUSINESS LICENSE
(1) Any person who intends to conduct business shall obtain a license from the Minister of Knowledge Economy for each supplied district.
The same shall also apply to cases where he/she changes permitted matters prescribed by Ordinance of the Ministry of Knowledge Economy.
(2) The criteria for licensing pursuant to paragraph (1) shall be as follows:
1. The commencement of business shall meet the general demand and contribute to the public good, such as energy conservation, or environmental
improvements;
2. The supplied volume shall meet the demand in a supplied district;
3. An applicant shall have financial resources and technical ability necessary for
conducting business;
4. A supplied district shall not overlap with a supplied district of another business operator.
(3) Procedures for licensing pursuant to paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry
of Knowledge Economy.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
A person who falls under any of the following subparagraphs may not obtain a business license:
1. An incompetent or quasi-incompetent;
2. A person who has been declared bankrupt and has not been reinstated;
3. A person in whose case two years have not passed since his/her license was cancelled pursuant to Article 15;
4. A person in whose case two years have not passed since his/her sentence of imprisonment for a violation of this Act, the Energy
Use Rationalization Act, or the Electric Utility Act was completely executed (including cases where the execution thereof is deemed
to have been completed) or exempted;
5. A person who is under the suspension of the execution of sentence of imprisonment for a violation of this Act, the Energy Use Rationalization
Act, or the Electric Utility Act;
6. A corporation which has an executive falling under any of the subparagraphs 1 through 5. [This Article Wholly Amended by Act No.
9933, Jan. 18, 2010]
(1) Any business operator shall construct supply facilities and commence business within a period determined by the Minister of Knowledge
Economy. In such cases, the Minister of Knowledge Economy may determine such period for each supplied district or each supply facilities.
(2) Where the Minister of Knowledge Economy receives an application for extension of a period under paragraph (1) from a business
operator, he/she may extend the period if he/she deems that such application has justifiable grounds.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
(1) Any person who falls under any of the following subparagraphs shall succeed to the
status of the preceding business operator:
1. Where a business operator dies, his/her heir;
2. Where a business operator transfers the whole or a part of his/her business, the transferee thereof;
3. Where a business operator who is a corporation merges, a corporation which survives the merger or a corporation which is incorporated
by the merger.
(2) Any person who acquires the whole of supply facilities in accordance with procedures falling under any of the following subparagraphs
shall succeed to the status of the preceding business operator: <Amended by Act No. 10219, Mar. 31, 2010>
1. Auction under the Civil Execution Act;
2. Realization under the Debtor Rehabilitation and Bankruptcy Act;
3. Sale of property under distraint under the National Tax Collection Act, the Customs
Act or the Framework Act on Local Taxes;
4. Other procedures corresponding to subparagraphs 1 through 3.
(3) Any person who succeeds to the status of a business operator pursuant to paragraphs (1) and (2) shall report to the Minister of
Knowledge Economy within 30 days, as prescribed by Ordinance of the Ministry of Knowledge Economy.
(4) Article 10 shall apply mutatis mutandis to grounds for disqualification of a successor pursuant to paragraph (1).
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
(1) Where a business operator intends to suspend or close the whole or part of his/her business, he/she shall obtain permission from
the Minister of Knowledge Economy.
(2) A resolution of dissolution of a corporate business operator or the consent of all the partners on dissolution thereof shall
not enter into force without obtaining authorization from the Minister of Knowledge Economy.
(3) Where any business operator who has suspended his/her business with permission pursuant to paragraph (1) resumes his/her business,
he/she shall report to the Minister of Knowledge Economy.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
(1) Where a business operator falls under any of the following subparagraphs, the Minister of Knowledge Economy may cancel his/her
license or order him/her to suspend his/her business for a fixed period not exceeding six months:
1. In cases where he/she obtains a license or an amended license pursuant to Article 9 by fraud or other wrongful means;
2. In cases where he/she falls under any grounds for disqualification referred to in the subparagraphs of Article 10;
3. In cases where he/she fails to construct supply facilities or commence business within the period pursuant to Article 11 (1) or
the period extended pursuant to paragraph (2) of the same Article;
4. In cases where he/she refuses to supply integrated energy without justifiable grounds, in violation of Article 16 (1);
5. In cases where he/she fails to execute an order to improve the business operation method, etc., pursuant to Article 20;
6. In cases where he/she fails to execute an order to improve or change, or to suspend or restrict the use of, integrated energy facilities
or an order to suspend the supply of integrated energy pursuant to Article 26 (2).
(2) In cases of any of the following subparagraphs, paragraph (1) shall not apply until six months after a corporation falls under
subparagraph 6 of Article 10 or until six months after the succession commences:
1. In cases where a corporation falls under subparagraph 6 of Article 10;
2. In cases where an heir who succeeds to the status of a business operator falls under any of subparagraphs 1 through 5 of Article
10.
(3) Where the Minister of Knowledge Economy should order a business operator to suspend his/her business because he/she falls under
any of the subparagraphs of paragraph (1), if such suspension of business is likely to cause serious inconvenience to users or to
harm public interests, the Minister of Knowledge Economy may impose and collect a penalty surcharge not exceeding 20 million won
in lieu of suspension of business.
(4) Kinds of offenses subject to the imposition of a penalty surcharge pursuant to paragraph (3), the amount of a penalty surcharge
according to the extent of violation, and other necessary matters shall be prescribed by Ordinance of the Ministry of Knowledge
Economy.
(5) Where any person who ought to pay a penalty surcharge pursuant to paragraph (3) fails to pay it by the deadline for payment, the
Minister of Knowledge Economy shall collect it
in the same manner as national taxes in arrears are collected: Provided, That where the authority referred to in paragraph (1) is
delegated to the Mayor/Do Governor, the Mayor/Do Governor shall collect it in the same manner as local taxes in arrears are collected.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
CHAPTER IV SUPPLY REGULATIONS
(1) No business operator shall refuse to supply integrated energy for users in a supplied district, for which he/she has obtained
a license, without justifiable grounds.
(2) In cases where a heat producer has entered into a supply contract with a business operator pursuant to Article 19, he/she shall
not refuse to supply heat without justifiable grounds. [This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
(1) A business operator shall formulate supply regulations on charges and other terms and conditions of supply as prescribed by Ordinance
of the Ministry of Knowledge Economy and report them to the Minister of Knowledge Economy, and the same shall also apply to cases
where he/she intends to modify them. In such cases, where he/she has obtained approval of, or approval for modification of, the
electricity supply clauses from the Minister of Knowledge Economy under Article 16 of the Electric Utility Act, he/she shall be
deemed to have reported the matters related to electricity supply in the supply regulations or to have reported any modification
of such matters.
(2) Where a business operator reports the supply regulations or reports the modification thereof pursuant to paragraph (1), he/she
shall not exceed the upper limit of charges designated and announced by the Minister of Knowledge Economy, as prescribed by Presidential
Decree.
(3) Where a business operator has reported the supply regulations or reported the modification thereof pursuant to paragraph (1),
he/she shall advise the users of the point in writing without delay and announce it in his/her Internet homepage.
(4) A business operator shall supply integrated energy pursuant to the supply regulations which he/she has reported or of which he/she
has reported any modification pursuant to paragraph (1).
(5) Users shall conform to the supply regulations which a business operator has reported or of which he/she has reported any modification
pursuant to paragraph (1).
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
(1) A business operator may have the users bear the whole or part of construction costs for supply facilities.
(2) Matters necessary for the basis of the calculation of charges, methods of imposition and collection, etc., under paragraph (1)
shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
(1) Where a heat producer intends to supply a business operator with heat, he/she shall conclude a supply contract on charges and
other terms of supply, as prescribed by Ordinance of the Ministry of Knowledge Economy.
(2) A heat producer shall supply heat according to a supply contract pursuant to paragraph (1).
(3) Where a heat producer or business operator fails to enter into a supply contract pursuant to paragraph (1), he/she may request
the Minister of Knowledge Economy to mediate between a heat producer and business operator.
(4) Where the Minister of Knowledge Economy receives a request for mediation pursuant to paragraph (3), he/she shall notify the other
party concerned thereof and provide him/her with an opportunity to submit a written opinion within a fixed period.
(5) Where a period pursuant to paragraph (4) expires, the Minister of Knowledge Economy shall prepare a mediation plan and recommend
the parties concerned to accept the same. [This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
In case of any of the following subparagraphs, the Minister of Knowledge Economy may order a business operator to improve the business
operation method, etc.:
1. Despite the fact that the supply of integrated energy is hindered by an accident, where he/she fails to make necessary repairs
or take other measures to remove such obstacle;
2. Where it is feared that the development of a housing site or industrial complex might be hindered because he/she has failed to
construct supply facilities and commence business within the period determined by the Minister of Knowledge Economy pursuant to Article
11;
3. Where he/she supplies integrated energy at a rate exceeding the upper limit of charges
announced by the Minister of Knowledge Economy pursuant to Article 17 (2);
4. Where he/she has users bear all or part of construction costs borne by them pursuant to Article 18 in excess of the standards prescribed
by the supply regulations referred to in Article 17;
5. Where he/she fails to undergo an inspection of supply facilities pursuant to Article 23 or to conduct a self-inspection;
6. Where it is deemed that a method, etc., of the supply of integrated energy harms the convenience of users, in violation of this
Act.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
(1) A business year of a business operator shall be from January 1 through December 31 every year.
(2) The accounting standards determined by the Financial Services Commission pursuant to Article 13 of the Act on External Audit of
Stock Companies shall apply to accounting of a business operator (excluding cases where a business operator is a local government).
(3) In cases where a business operator concurrently conducts a business other than a business pursuant to subparagraph 2 of Article
2, he/she shall conduct a separate accounting of each business unit.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
(1) Any person prescribed by Ordinance of the Ministry of Knowledge Economy from among the business operators who have the users
bear all or part of construction costs of supply facilities pursuant to Article 18 shall accumulate an amount equivalent to the
depreciation cost of the supply facilities acquired with the amount borne by users (excluding any amount that are taxes and the
public utilities' charges pursuant to Article
21 of the Corporate Tax and are generated because the users bearing all or part of construction costs of supply facilities; hereinafter
the same shall apply) each year as construction costs of supply facilities from among the unappropriated earned surplus generated
in the business year.
(2) Necessary matters concerning the method of accumulation of the accumulated money pursuant to paragraph (1) shall be prescribed
by Ordinance of the Ministry of Knowledge Economy.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
CHAPTER V CONSTRUCTIONAND OPERATION OF FACILITIES
The Minister of Knowledge Economy shall determine and publicly announce the technical standards necessary for the construction and
operation of integrated energy facilities (hereinafter referred to astechnical standards ). The same shall also apply to cases where he/she amends them.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
(1) Where a business operator performs works for the construction or alteration of supply facilities prescribed by Ordinance of the
Ministry of Knowledge Economy, except as otherwise provided for in Article 48 of the Occupational Safety and Health Act, he/she
shall obtain approval of the construction plan from the Minister of Knowledge Economy within a period determined by the Minister
of Knowledge Economy. The same shall also apply to cases where he/she intends to change it.
(2) Where a business operator has performed construction works referred to in paragraph (1) that are minor construction works prescribed
by Ordinance of the Ministry of Knowledge Economy, disaster restoration works, or other urgent works, he/she shall report to the
Minister of Knowledge Economy, as prescribed by Ordinance of the Ministry of Knowledge Economy.
(3) The standards for approval pursuant to paragraph (1) shall be as follows:
1. A work plan shall conform to the matters for which a license or an amended license has been issued under Article 9;
2. Supply facilities shall meet the technical standards.
(4) Article 11 (2) shall apply mutatis mutandis to the extension of a period provided for in paragraph (1).
(5) Procedures for approval under paragraph (1) and reporting under paragraph (2) and other necessary matters shall be prescribed
by Ordinance of the Ministry of Knowledge Economy.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
(1) Where a business operator has performed construction works for the construction or alteration of supply facilities, he/she shall
use them after he/she has passed an inspection
by the Minister of Knowledge Economy on each process of such construction work, as prescribed by Ordinance of the Ministry of Knowledge
Economy: Provided, That he/she may use supply facilities prescribed by Ordinance of the Ministry of Knowledge Economy after he/she
has conducted a self-inspection thereof, as prescribed by Ordinance of the Ministry of Knowledge Economy.
(2) Where the Minister of Knowledge Economy deems that there is no obstacle to safety and it is necessary to use supply facilities
temporarily, notwithstanding paragraphs (1), he/she may allow a business operator to use the facilities temporarily, fixing a period
and method of use.
(3) A business operator shall go through a regular inspection on supply facilities of the Minister of Knowledge Economy, as prescribed
by Ordinance of the Ministry of Knowledge Economy.
(4) The Minister of Knowledge Economy shall, without delay, issue an inspection certificate specifying the term of validity of inspection
to a business operator who has passed the inspection pursuant to paragraph (1) or (3).
(5) Where a business operator has conducted his/her own inspection pursuant to the proviso to paragraph (1), he/she shall submit the
records thereof to the Minister of Knowledge Economy, as prescribed by Ordinance of the Ministry of Knowledge Economy.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
(1) In case of any of the following subparagraphs, the Minister of Knowledge Economy may have public officials under his/her control
gain access to a place of business of a business operator to confirm and check the supply facilities or other things related to
safety management;
1. Where it is necessary to ascertain whether there are any grounds to order the improvement in the business operation method, etc.,
pursuant to Article 20;
2. Where it is necessary to ascertain whether supply facilities meet the technical standards of integrated energy facilities pursuant
to Article 21;
3. Where it is necessary to judge whether to permit temporary use of supply facilities pursuant to Article 23 (2);
4. Where it is necessary to ascertain whether there are any grounds to order the improvement or replacement, suspension of or restriction
on use of integrated energy facilities, or the suspension of supply pursuant to Article 26 (2);
5. Where it is necessary for the safety management of supply facilities pursuant to this Act.
(2) In cases falling under any of the following subparagraphs, the Minister of Knowledge Economy may have public officials under
his/her control reaccess to a place where facilities for use are installed to confirm and check them: Provided, That where a place
where facilities for use are installed is used for residential purposes, he/she shall consult in advance with the relevant resident
about the time and period of inspection:
1. Where it is necessary to judge whether the supply regulations pursuant to Article 17 (1) are observed;
2. Where it is necessary to ascertain whether facilities for use meet the technical standards for integrated energy facilities pursuant
to Article 21;
3. Where it is necessary to ascertain whether there are any grounds to order the improvement or replacement, suspension of or restriction
on use of integrated energy facilities, or the suspension of supply pursuant to Article 26 (2);
4. Where it is necessary for the safety management of facilities for use pursuant to this Act.
(3) Where it is necessary to ascertain whether a business operator has newly constructed, reconstructed or extended heat production
facilities without obtaining a permit or an amended permit under Article 6 (1) or (2), the Minister of Knowledge Economy may have
public officials under his/her control gain access to the place of business, and confirm and check the heat production facilities
and other things related to the safety management.
(4) Any person who conducts confirmation and checkups pursuant to paragraphs (1) through (3) shall carry an identification indicating
his/her authority and produce it to the persons concerned.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
(1) A business operator shall inspect whether facilities for use meet the technical standards, as prescribed by Ordinance of the Ministry
of Knowledge Economy.
(2) Where a business operator has conducted an inspection under paragraph (1), he/she shall notify the relevant user of the result
of such inspection and issue an inspection certificate, as prescribed by Ordinance of the Ministry of Knowledge Economy.
(3) Where a business operator has conducted an inspection under paragraph (1), he/she shall prepare and keep records thereof, as prescribed
by Ordinance of the Ministry of Knowledge Economy.
(4) The proviso to Article 24 (2) and Article 24 (4) shall apply mutatis mutandis to the inspection pursuant to paragraph (1).
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
(1) A business operator and user shall maintain integrated energy facilities in accordance with the technical standards.
(2) Where the Minister of Knowledge Economy deems it necessary to take urgent measures to prevent harm to the public, he/she may order
a business operator or user to improve or replace, or to suspend or restrict the use of, such integrated energy facilities or order
a business operator to suspend the supply of integrated energy.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
(1) A business operator shall formulate regulations of safety management in accordance with the standards prescribed by Ordinance
of the Ministry of Knowledge Economy for safety management of supply facilities and report them to the Minister of Knowledge Economy
before he/she commences business. The same shall also apply in cases where he/she has modified the regulations.
(2) A business operator and his/her employees shall abide by the regulations of safety management pursuant to paragraph (1).
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
CHAPTER VI KOREA DISTRICT HEATING CORPORATION
The Korea District Heating Corporation (hereinafter referred to as Corporation ) shall be established to efficiently supply integrated energy for residential districts, commercial districts, etc.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
The Corporation shall be a juristic person.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
(1) The matters referred to in the following subparagraphs shall be included in the articles of association of the Corporation:
1. Objectives;
2. Name;
3. Matters regarding the principal office and places of business;
4. Matters regarding capital;
5. Matters regarding shares;
6. Matters regarding executives and employees;
7. Matters regarding general meetings of shareholders;
8. Matters regarding the board of directors;
9. Matters regarding the affairs and the execution thereof;
10. Matters regarding accounting;
11. Matters regarding methods of making public notice;
12. Matters regarding flotation of debentures;
13. Matters regarding a modification of the articles of association.
(2) Where the Corporation intends to modify the articles of association, it shall obtain authorization of the Minister of Knowledge
Economy.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
(1) The capital of the Corporation shall be two hundred billion won.
(2) The capital referred to in paragraph (1) shall be invested by the State, a local government, and any person prescribed by Presidential
Decree and, if necessary, within the extent not exceeding 1/2 of the capital, shareholders may be invited from the general public
as prescribed by the articles of association.
(3) Investments pursuant to paragraph (2) may be made in kind or in cash. [This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
(1) One shareholder and a person in the special relationship with him/her as prescribed by Presidential Decree (hereinafter referred
to as "same person") shall neither hold nor have virtual control over shares exceeding the ratio prescribed by the articles
of association within 7/100 of the total number of shares issued with voting right of the Corporation.
(2) Where the same person holds or has virtual control over shares exceeding the limit
prescribed by paragraph (1), he/she shall dispose of the shares exceeding the limit without delay. In such cases, even before he/she
disposes of the shares, the extent of exercise of the voting right of the relevant shares shall be restricted to the limit prescribed
by paragraph (1).
(3) Where the same person holds or has virtual control over shares exceeding the ratio prescribed by paragraph (1), the Minister
of Knowledge Economy may order such same person to meet the ratio within a fixed period not exceeding six months.
(4) Cases where the same person holds or has virtual control over shares in paragraphs (1) through (3) shall be based on the virtual
relationship between shareholders, notwithstanding the name of shareholders.
[This Article Newly Inserted by Act No. 9933, Jan. 18, 2010]
(1) The capital of the Corporation shall be divided into shares.
(2) Kinds of shares, an amount of one share, time of issue of shares, the total number of shares to be issued, the amount, time and
method of payment of share capital and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
No person, other than the Corporation under this Act, shall use the name of the Korea
District Heating Corporation or any name similar thereto.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
(1) The Corporation shall have not more than nine directors, including one president and one auditor as its executives.
(2) The directors shall be categorized into standing directors and non-standing directors as prescribed by the articles of association.
In such cases, the fixed number of standing directors, including the president, shall be less than 50/100 of the fixed number
of directors.
(3) Of the executives, the term of office of the president shall be three years, the term of office of a director and auditor shall
be two years, and they may serve consecutive terms of one year each.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
(1) The employees of the Corporation shall be appointed and dismissed by the president, as prescribed by the articles of association.
(2) The appointment of employees shall be based on the following:
1. The results of an examination;
2. Service record;
3. The actual proof of other abilities.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
The president may appoint a representative who has the authority to do all judicial or extrajudicial acts in relation to the affairs
of the Corporation from among the employees, as prescribed by the articles of association.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
No person who is or was an executive or employee of the Corporation shall divulge or misappropriate any confidential information learned
in the course of his/her duties.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
(1) The Corporation shall conduct the following businesses:
1. Production, transportation and distribution of integrated energy and other businesses related thereto;
2. Construction and operation of supply facilities;
3. New and renewable energy business pursuant to subparagraph 1 of Article 2 of the Act on the Promotion of the Development, Use
and Diffusion of New and Renewable Energy;
4. Research into and technical development of business related to business referred to in subparagraphs 1 through 3;
5. Investment in or contribution to business referred to in subparagraphs 1 through 4;
6. Business incidental to business referred to in subparagraphs 1 through 5;
7. Other business entrusted by the State or a local government.
(2) The Corporation may conduct business referred to in paragraph (1) overseas.
(3) The scope of and institutions subject to investment into or contribution to research and technical development referred to in
paragraph (1) 4 and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
(1) In cases where the Corporation makes a profit as a result of settlement of accounts of each business year, it shall dispose of
such profit through a resolution of a general meeting of shareholders in the following order:
1. Making up any loss brought forward;
2. Accumulation of 1/10 of a profit or more as earned surplus reserve until it reaches 1/2 of the capital;
3. Accumulation as reserve for business expansion;
4. Paying dividends to the shareholders;
5. Earned surplus brought forward.
(2) In cases where the Corporation makes a loss as a result of settlement of accounts of a business year, it shall make up the loss
from reserves for business expansion pursuant to paragraph (1) 3, and, if such reserve fails to make up the loss, it shall make up
the loss with the earned surplus reserve pursuant to paragraph (1) 2, and the amount of loss left after making up shall be carried
forward to the next business year.
(3) The earned surplus reserve pursuant to paragraph (1) 2 may be transferred to capital as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
The Minister of Knowledge Economy shall give directions and supervision on the affairs related to the matters referred to in the following
subparagraphs for the Corporation to attain its management objectives:
1. Production, transportation and distribution of integrated energy;
2. Construction and operation of supply facilities;
3. Adjustment of the organizational structure and the number of staff members;
4. Compilation of the budget and settlement of accounts;
5. A business plan and the results of business.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
Except as otherwise provided for in this Act and the Act on the Management of Public Institutions, the provisions regarding stock
companies of the Commercial Act shall apply mutatis mutandis to the Corporation: Provided, That Article 292 of the Commercial Act
shall not apply mutatis mutandis.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
(1) Where the Corporation has reported the public offering or sales of securities pursuant to Article 119 (1) and (2) of the Financial
Investment Services and Capital Markets Act, Articles 32 (2) and 33 shall not apply after the date on which such report comes into
effect pursuant to Article 120 (1) of the same Act.
(2) Where the percentage of shares held by the Government and public institutions of the shares of the Corporation becomes lower
than the percentage of shares held by the same person other than the Government and public institutions, Articles 29 through 32,
32-2,
33 through 36, and 39 through 44 shall not apply after the date on which the first general meeting of shareholders is called thereafter.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
CHAPTER VII SUPPLEMENTARY PROVISIONS
(1) In cases where it is necessary to construct supply facilities on a road, bridge, sewer, river, or bank or on or under other public
land, a business operator may use it with permission from the manager thereof within the extent that such use does not interfere
with the utility thereof.
(2) No manager of public land shall refuse the use pursuant to paragraph (1) without justifiable grounds.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
(1) In cases where it is necessary for construction of supply facilities or for a field investigation, survey and construction therefor,
or for maintenance and repair thereof, a business operator may expropriate or use land or buildings thereon or other things
(hereinafter referred to asland, etc. ) of a third person or alter or remove plants and other obstacles (hereinafter referred to plants, etc. ) of a third person.
(2) The Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor
shall apply mutatis mutandis to procedures, etc., of expropriation, use, alteration, or removal pursuant to paragraph (1).
(3) Notwithstanding paragraph (2), where a business operator falls under any of the following subparagraphs, he/she may use land,
etc., of a third person temporarily or alter or remove plants, etc., of a third person: Provided, That where land, etc., of a third
person is being used for residential purposes, he/she shall consult in advance with the residents about the date and period of use:
1. Temporary use of land, etc., of a third person within 15 days where supply facilities are damaged or likely to be damaged due to
a natural disaster or other emergency;
2. Alteration or removal of plants, etc., where it is deemed that the relevant supply facilities may be damaged substantially or
leakage or other disasters may occur by neglecting plants, etc., which are obstacles to the supply facilities.
(4) In cases where a business operator temporarily uses land, etc., of a third person or alters or removes plants, etc., of a third
person pursuant to paragraph (3), he/she shall notify an owner or occupant thereof of such fact without delay.
(5) In cases where a business operator has inflicted a loss on an owner or occupant of land, etc., due to expropriation, use, alteration,
or removal pursuant to paragraph (1) or (3), he/she shall compensate for such loss by applying the Act on the Acquisition of Land,
etc. for Public Works and the Compensation therefor mutatis mutandis.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
(1) Where a business operator has obtained a license or an amended license under Article 9 regarding the supply of electricity under
this Act, he/she shall be deemed to have obtained a license for electricity generation business pursuant to Article 7 (1) of the
Electric Utility Act.
(2) The safety management on the installation, maintenance, repair, etc. of electric equipment prescribed by Ordinance of the Ministry
of Knowledge Economy among the integrated energy facilities shall be governed by the Electric Utility Act.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
(1) When the Minister of Knowledge Economy approves a work plan pursuant to Article 22 (1), with regard to matters concerning permission
, authorization, approval, designation, consultation, report, or license (hereinafter referred to asapproval, permission, etc. in this Article) referred to in the following subparagraphs on which the Minister of Knowledge Economy
has consulted with the head of the relevant administrative agency pursuant to paragraph (2), a business operator shall be deemed
to have been granted the relevant approval, permission, etc.: <Amended by Act No. 10272, Apr. 15, 2010>
1. Permission for occupation or use of the common utility duct pursuant to Article 44-3 (2) of the National Land Planning and Utilization
Act, permission for developing pursuant to Article 56 of the same Act, designation of a performer of an urban planning facilities
project pursuant to Article 86 of the same Act, and approval of an execution plan pursuant to Article 88 of the same Act;
2. Consultation with the Road Administration Office pursuant to Article 5 of the Road Act or approval thereof, permission to execute
road construction works pursuant to Article 34 of the same Act, and permission for occupation and use of a road pursuant to Article
38 (1) of the same Act;
3. Permission for construction of a private road pursuant to Article 4 of the Private Road
Act;
4. Authorization of industrial water supply service pursuant to Article 49 of the Water Supply and Waterworks Installation Act and
authorization of the installation of private water supply pursuant to Article 52 (1) of the same Act;
5. Permission for occupation and use of public sewers pursuant to Article 24 of the Sewerage Act, and report on the installation
of the drainage facilities pursuant to Article 27 of the same Act;
6. Permission to execute river conservation works pursuant to Article 30 (1) of the River Act, authorization of a plan for execution
of river conservation work pursuant to Article 30 (5) of the same Act, and a permission for occupation and use or an act in a river
zone pursuant to Article 33 (1) of the same Act;
7. Permission for occupation and use of the public waters pursuant to Article 8 of the Public Waters Management Act and approval or
report of an execution plan pursuant to Article 17 of the same Act, and a license to reclaim the public waters pursuant to Article
28 of the same Act and approval of an execution plan of reclamation of the public waters pursuant to Article 38 of the same Act;
8. Deleted; <by Act No. 10272, Apr. 15, 2010>
9. Permission for an act in a park zone pursuant to Article 23 (1) of the Natural Parks Act;
10. Permission for occupation and use of an urban park pursuant to Article 24 (1) of the Act on Urban Parks, Greenbelts, etc. and
permission for an act in an urban natural park zone pursuant to the proviso to Article 27 (1) of the same Act;
11. Permission for diversion of farmland pursuant to Article 34 (1) of the Farmland Act;
12. Permission for an act in grassland pursuant to Article 21-2 of the Grassland Act;
13. Permission for access to a restricted and protected area or such, under Article 9 (1) 1 of the Protection of Military Bases and
Installations Act and consultation about permission or such, of an administrative agency under Article 13 of the same Act;
14. Approval of the use of fuel pursuant to Article 9 (5) of the Clean Air Conservation
Act;
15. Permission for an act in an urban development area pursuant to Article 9 (5) of the
Urban Development Act;
16. Permission for small river conservation work pursuant to Article 10 of the Small
River Maintenance Act;
17. Approval for the use other than the purpose of agricultural production infrastructure or water available for use pursuant to Article
23 of the Rearrangement of Agricultural and Fishing Villages Act;
18. Approval or report of the installation of the waste disposal facilities pursuant to
Article 29 (2) of the Wastes Control Act.
(2) Where the Minister of Knowledge Economy intends to approve a construction work plan of a business operator pursuant to Article
22, he/she shall consult with the head of the administrative agency concerned if the plan includes matters falling under any of
the subparagraphs of paragraph (1). In such cases, the head of the administrative agency concerned shall advance his/her opinion
within a period prescribed by Presidential
Decree from the date on which he/she receives a request for consultation by the Minister of Knowledge Economy.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
(1) The Minister of Knowledge Economy may, within the extent necessary for enforcing this Act, have a public official under his/her
control gain access to an office, a place of business or other place of work of a business operator or a heat producer who concludes
a supply contract with the business operator and inspect books, documents and other materials.
(2) Any public official who has access and inspects pursuant to paragraph (1) shall carry an identification indicating his/her authority
and produce it to the persons concerned.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
Where the Minister of Knowledge Economy intends to cancel a license pursuant to Article
15 (1), he/she shall hold a hearing.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
Any person who intends to be inspected pursuant to Article 23 shall pay a fee, as prescribed by the Minister of the Ministry of Knowledge
Economy.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
The Minister of Knowledge Economy may, as prescribed by Presidential Decree, delegate part of his/her authority under this Act to
the Mayor/Do Governor or entrust the Energy Management Corporation established under the Energy Use Rationalization Act with part
of his/her authority.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
CHAPTER VIII PENAL PROVISIONS
(1) Any person who interferes with the smooth supply of integrated energy by destroying or removing supply facilities or causing problems
to functions of supply facilities by other methods shall be punished by imprisonment for not less than one year but not more than
10 years.
(2) Any person who interferes with the smooth supply of integrated energy by manipulating supply facilities without the consent of
a business operator shall be punished by imprisonment for not more than five years or by a fine not exceeding 30 million won, or
he/she may be punished by such imprisonment and fine simultaneously.
(3) As a person who engages in business, any person who causes problems to the supply of integrated energy by neglecting the duty
for safety management of supply facilities shall be punished pursuant to paragraph (2).
(4) Any person who kills or injures any other person by doing an act pursuant to paragraphs (1) through (3) shall be punished by imprisonment
for a limited term of not less than five years.
(5) Any attempt to commit an act described in paragraphs (1) and (2) shall be punished. [This Article Wholly Amended by Act No. 9933,
Jan. 18, 2010]
Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than three years or by
a fine not exceeding 20 million won:
1. Any person who conducts business without obtaining a license or an amended license under Article 9 (1);
2. Any person who suspends or closes all or part of business without obtaining permission pursuant to Article 14 (1);
3. Any person who contravenes the cancellation of license or the disposition of suspension of business pursuant to Article 15 (1);
4. Any person who violates an order to improve or replace integrated energy facilities or to suspend or restrict the use thereof,
or an order to suspend the supply of integrated energy pursuant to Article 26 (3);
5. Any person who violates a corrective order pursuant to Article 32-2 (3). [This Article Wholly Amended by Act No. 9933, Jan. 18,
2010]
Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than two years or by
a fine not exceeding 10 million won:
1. Any person who newly constructs, reconstructs or extends heat production facilities without obtaining a permit or an amended permit
under Article 6 (1) or (2);
2. Any person who fails to construct supply facilities or to commence business, in violation of Article 11 (1);
3. Any person who refuses to supply integrated energy, in violation of Article 16 (1);
4. Any person who refuses to supply heat, in violation of Article 16 (2);
5. Any person who performs construction works without obtaining approval or approval for alteration pursuant to Article 22 (1);
6. Any person who uses supply facilities, in violation of Article 23 (1) or (2). [This Article Wholly Amended by Act No. 9933, Jan.
18, 2010]
Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a
fine not exceeding five million won:
1. Any person who violates an order to reinstate heat production facilities pursuant to Article
6 (4);
2. Any person who supplies integrated energy, in violation of Article 17 (4) or Article 19 (2);
3. Any person who violates an order to improve the business operation method, etc., pursuant to Article 20;
4. Any person who fails to accumulate construction costs of supply facilities, in violation of
Article 20-3;
5. Any person who refuses, interferes with, or evades an inspection pursuant to Article 23 (3);
6. Any person who divulges or misappropriates any confidential information, in violation of
Article 40.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
Any person who falls under any of the following subparagraphs shall be punished by a fine not exceeding three million won:
1. Any person who performs accounting, in violation of Article 20-2 (3);
2. Any person who refuses, interferes with or evades a confirmation and checkup or an inspection pursuant to Article 24 (1) through
(3), 25 (1), or 50 (1);
3. Any person who fails to report the regulations of safety management, in violation of
Article 27 (1).
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
Where a representative of a corporation or an agent, employee, or other worker of a corporation or individual commits an offense referred
to in Article 54 (2), (3), (5) or 55 through 58 with respect to the affairs of such corporation or individual, a fine enumerated
in each relevant Article shall be imposed on such corporation or individual in addition to punishing the offender: Provided, That
the same shall not apply to cases where the corporation or individual is not negligent in paying due care or supervision to the relevant
affairs in order to prevent such violation.
[This Article Wholly Amended by Act No. 9248, Dec. 26, 2008]
(1) Any person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding two million
won:
1. Any person who fails to submit a report pursuant to Article 12 (3), 17 (1) or 22 (2) or submits any false report;
2. Any person who fails to notify or announce publicly the supply regulations, in violation of Article 17 (3);
3. Any person who uses similar names, in violation of Article 34.
(2) Fines for negligence pursuant to paragraph (1) shall be imposed and collected by the Minister of Knowledge Economy (where the
authority is delegated to the Mayor/Do Governor pursuant to Article 53, referring to the Mayor/Do Governor), as prescribed by Presidential
Decree.
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
[This Article Wholly Amended by Act No. 9933, Jan. 18, 2010]
ADDENDA
This Act shall enter into force six months after the date of its promulgation: Provided, That
the provisions of Articles 29 through 44 and Articles 6 through 9 of the Addenda shall enter into force on the date of its promulgation.
A person who has obtained permission of the heat supply project pursuant to Article 40 of the Energy Use Rationalization Act shall be deemed a project operator referred to in this Act.
A designation, permission, authorization, approval, report, inspection, consultation, or disposition made for the heat supply project pursuant to the Energy Use Rationalization Act as at the time this Act enters into force shall be deemed a designation, permission, authorization, approval, report, inspection, consultation, or disposition made under this Act.
(1) The Minister of Commerce, Industry and Energy shall commission five or less incorporators within one month after this Act enters
into force and have them deal with the affairs on the incorporation of the Corporation.
(2) The incorporators shall draw up the articles of incorporation and obtain authorization from the Minister of Commerce, Industry
and Energy.
(3) In cases where the incorporators obtain the authorization referred to in paragraph (2), they shall, without delay, file for a
registration of incorporation of the Corporation by a joint signature and then transfer the business to the president of the Corporation.
(4) The incorporators shall be recommissioned when the transfer of business is completed. (5) The costs incurred in incorporating
the Corporation shall be paid by the Corporation.
(1) The Korea District Heating Corporation Co., Ltd. (hereinafter referred to as theKorea Heating Co., Ltd. ) established pursuant to Article 172 of the Commercial Act as at the time this Act enters into force may
request the Minister of Commerce, Industry and Energy for the Corporation to be established pursuant to this Act to succeed to all
its rights and obligations through a resolution passed at a general meeting of shareholders.
(2) The Korea Heating Co., Ltd. which has obtained approval by the Minister of Commerce, Industry and Energy by its request referred
to in paragraph (1) shall be deemed to have been dissolved upon the establish- ment of the Corporation, notwithstanding the provisions
on the dissolu- tion and liquidation of a stock company in the Commercial Act.
(1) The Corporation shall, by a universal title, succeed to all properties, rights, and obligations of the Korea Heating Co., Ltd.
dissolving in accordance with the provision of Article 7 (2) of the Addenda, and the title of Korea Heating Co., Ltd. in the registry
concerning properties, rights, and obligations and in other public records shall be deemed the title of the Corporation.
(2) The equivalent value of properties to which the Corporation succeeds as stipulated in paragraph (1) shall be the book value at
the time of succession.
The employees of the Korea Heating Co., Ltd. as at the time this Act enters into force shall be deemed the employees of the Corporation.
Where other Acts and subordinate statutes cite the Energy Use Rationalization Act or its provisions as at the time this Act enters into force, if the Act includes the corresponding provisions, this Act or the corresponding provisions of this Act shall be deemed to have been cited.
ADDENDA <Act No. 4508, Dec. 2, 1992>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 4541, Mar. 6, 1993>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted. ADDENDA <Act No. 4781, Aug. 3, 1994> Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Act No. 5453, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 5831, Feb. 8, 1999>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures with respect to Application for Authorization of Transfer and Acquisition by Transfer of Projects and
Merger of Project Mangers) At the time this Act enters into force, an application for the authorization of transfer and acquisition
by transfer of projects and the merger of project managers is made under the previous provisions of Article 13, shall be governed
by the previous provisions.
(3) (Transitional Measures with respect to Term of Office of Auditor) Notwithstanding the amended provisions of Article 35 (4), the
term of office of the incumbent auditor of the Corporation at the time this Act enters into force, shall be governed by the previous
provisions, but the period of in- cumbency shall be reckoned in aggregate.
(4) (Transitional Measures with respect to Penal Provisions) The application of penal provisions to an act committed before this
Act enters into force, shall be governed by the previous provisions.
(5) Omitted.
ADDENDA <Act No. 6283, Dec. 23, 2000>
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
ADDENDA <Act No. 6601, Jan. 14, 2002>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Applicability concerning Accumulation of Costs for Installation of Supply Facilities) The amended provisions of Article 20-3
shall apply beginning with the accounting of the first business year that comes to an end after this Act enters into force.
(3) (Transitional Measures concerning Capital Surplus) Any project manager who is subjected to the accounting standards provided
for in the previous provisions of Article
20-2 (3) at the time this Act enters into force shall accumulate the amount equivalent to the depreciation cost accruing from the
business year in which the date on which the supply facilities are acquired using the amount borne by users falls among the capital
surplus set according to the previous accounting standards as the cost for the installation of supply facilities provided for in
the amended provisions of Article 20-3 in performing the accounting in accordance with paragraph (2) of the Addenda.
ADDENDA <Act No. 6627, Jan. 26, 2002>
This Act shall enter into force on July 1, 2002.
ADDENDA <Act No. 6656, Feb. 4, 2002>
This Act shall enter into force on January 1, 2003.
Articles 2 through 12 Omitted. ADDENDA <Act No. 7428, Mar. 31, 2005> Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted. ADDENDA <Act No. 7476, Mar. 31, 2005> Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 7510, May 26, 2005>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Applicability to Legal Fiction of Authorization, Permission, etc.) The amended provisions of Article 49 shall apply starting
from the works for which the approval of work plans has been obtained first after the enforcement of this Act.
ADDENDUM <Act No. 7999, Sep. 27, 2006>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 8014, Sep. 27, 2006>
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 11 Omitted. ADDENDA <Act No. 8351, Apr. 11, 2007> Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 15 Omitted. ADDENDA <Act No. 8352, Apr. 11, 2007> Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted. ADDENDA <Act No. 8370, Apr. 11, 2007> Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 20 Omitted. ADDENDA <Act No. 8371, Apr. 11, 2007> Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted. ADDENDA <Act No. 8404, Apr. 27, 2007> Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Act No. 8487, May 25, 2007>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 8635, Aug. 3, 2007>
This Act shall enter into force one year and six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 44 Omitted. ADDENDA <Act No. 8733, Dec. 21, 2007> Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 11 Omitted. ADDENDA <Act No. 8819, Dec. 27, 2007> Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 9 Omitted. ADDENDA <Act No. 8820, Dec. 27, 2007> Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
ADDENDA <Act No. 8852, Feb. 29, 2008>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted. ADDENDA <Act No. 8863, Feb. 29, 2008> Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted. ADDENDA <Act No. 8976, Mar. 21, 2008> Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Act No. 9248, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9313, Dec. 31, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9758, Jun. 9, 2009>
This Act shall enter into force six months after the date of its promulgation. (Proviso
Omitted.)
ADDENDA <Act No. 9933, Jan. 18, 2010>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation: Provided, That the amended
provisions of Article 32-2 and subparagraph 5 of Article 55 shall enter into force on the date of its promulgation.
(2) (Special Cases concerning Restrictions on Holding of Shares of Same Person) The amended provisions of Article 32-2 (1) through
(3) shall not apply to any person who holds shares of the Corporation in excess of the limit pursuant to the amended provisions
of Article 32-2 (1) as at the time Article 32-2 enters into force pursuant to the proviso to paragraph (1) of the Addenda.
ADDENDA <Act No. 10219, Mar. 31, 2010>
This Act shall enter into force on January 1, 2011.
Articles 2 through 12 Omitted. ADDENDA <Act No. 10272, Apr. 15, 2010> Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
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