대규모 정전사태 방지를 위한 에너지수요관리 법제도 개선 방안

The September 15, 2011 blackout incident proves the fact that Korea’s electricity demand overweighs electricity supply during every year’s winter and summer festivals. Thus, public demands the government (Ministry of Commerce, Industry and Energy) to come up with more effective energy saving measures. The distorted price structure system that does not reflect current production price is highly criticized as being obstacles for energy-saving efforts. Wolsong nuclear power generator no.1 in Gyeongju has stopped due to malfunctioning in October and November of 2012. Also Yeonggwang Nuclear Power generator no.5 and no.6 in 1,000,000-kW class will be stop by the end of this year. During intensively cold period in this winter, Korea possibly will face a major blackout. In this respect, we must say that there is a limitation because existing regulation-oriented energy policy system cannot manage energy demand effectively. There are no applicable provisions regarding status of “public interest,” legal principles on the efficiency of Administrative law, and demand management, as constitutional basis and limit for energy demand management. Nevertheless, as constitutional basis and limit for energy demand management, policies regarding energy development can be derived (the Mining Law and Submarine Mineral Resources Development Act), energy demand management can be based on the Constitutional Law Article 37 Section 2. Since such legislation related to energy demand management policy may fall under restriction of fundamental rights, it should be consistent with "principle of proportionality." However, regulating energy saving policy to energy consumer for energy demand management may constitutionally violate the individual freedom. For example, Rational Energy Utilization Act enforcement regulations Article 31 Section 2 requires that “standard for thermal limits of air conditioning and heating under Article 36 Section 2 Subsection 1(the “thermal limits”) are as follows: air conditioning: above 26℃ and heating: below 20 ℃, except for sales facilities and airport where air conditioning thermal limit shall be above 25℃.” In addition, requiring energy supplier to improve energy efficiency for energy demand management means limiting business occupation and therefore we should check whether it violates the principle of proportionality. It should be regarded as not conforming with principle of proportionality. As main content of Low Carbon Green Growth Act, there are fundamental principles such as energy policies (Article 39 Section 2), energy basic planning, and greenhouse gas energy target system. Building Act, for the purpose of energy demand management, legalized Green Building Certification Program, Intelligent Building Certification Program, vitalization of building environment friendly buildings and efficient energy usage of buildings, and Building Energy Efficiency Rating System (Energy Consumption Certification for real estate transactions). However, it was criticized for being under control of Ministry of Land, Transport and Maritime Affairs. This can be seen as the basis law for demand management program according to Rational Energy Utilization Act. In such law, there are many demand management systems such as energy use efficiency measure for national and provincial organizations and demand management investment plans of energy supplier, efficient energy consumption managing equipment labeling system, average energy consumption efficiency system and improvement order, standby power reduction product endorsing system, standby power reduction excellent product labelling system and preferential purchasing system, high efficiency energy equipment certifying system and preferential purchasing system, support system for energy service company, support system of companies which entered into agreements voluntarily, support system of energy management system, reporting system of energy glutton business and mandatory system of energy diagnosis, notification system of target energy consumption rate setting, utilization of waste heat, heat using machinery management - registration of certain heat using machinery, examination of machinery subject to inspection, appointment of operators for machinery subject to inspection, etc. Recently, developed countries have adopted several programs to strengthen energy demand management and they include: USA’s EERS, England’s EEC and CERT, EU’s efficiency management program for energy using machinery, Germany’s 2000 National Climate Protection Program enacted in 2005, Co2-building improvement and maintenance program enacted in 2001, Renewable Energy Law enacted in 2004, German Greenhouse Gas Emission Allowance Trading Act (TEHG) enacted in 2007 and Energy Saving Regulation (EnEV) enactment, quota law, and Japan’s “Top-Runner System” for energy use rationalization. These programs have been adopted for the purpose of energy saving and thus provide many implications to Korean legislation. Therefore, for energy demand management, “improvement on energy efficiency obligation” system was included to Rational Energy Usage Law Article 9 Section 2. Also, following improvement plans were suggested: Top-Runner System adoption plan, “energy conservation stickers on electronics” adoption plan (Section 65 Subsection 2), and “Energy Storage System (ESS) and smart grid (intelligence power grid) construction scheme” for Building and Promoting Smart Grid Act, enacted on May 24, 2011.