에너지사용 제한조치에 관한 행정법적 고찰 및 정책적 함의

Restriction on energy use is one of the major policy programs intended to tackle energy crisis by putting restriction or ban on energy use with enforcement by the Government when ungently needed. In Korea, it peaked when energy crisis reached its climax around 2011, targeting nighttime outdoor lighting, temperature regulation of energy-intensive buildings, air-conditioning and heating with open door, etc. As the situation improved recently, the Government eased the restriction to the great extent. Japan has established a legal basis for restriction on energy use. The Government of Japan proclaimed a power saving decree when Fukushima Daiichi nuclear disaster occurred in 2011, which turned out to be a successful measure against the energy crisis. The Government of New York City also prohibits air conditioning with open door. Restriction on energy use, an enforcement under “Energy Use Rationalization Act” and its delegated decree by the Government, is a typical form of administrative measure. Therefore, as a command-and-control administrative regulation by means of civil penalty and refusal to supply energy, it shall be implemented in accordance with general principles of public law and to the minimum extent necessary. Furthermore, energy policy is shifting from temporary power saving regulation such as temperature restriction to fundamental and systemic demand-side management using new technologies and market mechanism. This trend should be taken into consideration in that it contributes to boom of related industries and technology development by vitalizing private investment.