신ㆍ재생에너지설비 등 사회기반시설에 대한 민간투자법 적용 관련 법적 고찰

In the amendment of act on the promotion of the development, use and diffusion of new and renewable energy, Renewable Portfolio Standard system is introduced. Energy suppliers whom competent authority will designate according to enforcement decree of the act on the promotion of the development, use and diffusion of new and renewable energy must substitute energy quota as new and renewable energy. But, present new and renewable energy facilities are not sufficient for energy suppliers in performing their duties. In the amendment of enforcement decree of the act on Private Particpation in Infrastructure, new and renewable energy facilities become infrastructure facilities. So some energy suppliers can make private participation in infrastructure project if they satisfy the requirement which the act on Private Particpation in Infrastructure describes. Specially some energy suppliers may be public instistuitions. In the act on Private Particpation in Infrastructure, public instistuitions is not able to be concessionaire. In other words, public instistuitions is not allowed to take part in a private participation in infrastructure project except a public and private joint corporation. Because the act on Private Particpation in Infrastructure describes 'Concessionaire' means a legal entity including any form of corporation other than those belonging to the public sector which is designated as the concessionaire under this act, and which conducts the PPI projects. But this act prescribes 'public and private joint corporation' in the concessionaire. Therefore energy suppliers as public instistuitions can coduct private participation in infrastructure project in the way of public and private joint corporation to establish new and renewable energy facilities