신·재생에너지 개발사업상 이익공유화제도의법적 성질 및 활성화방안

From 2012, Je-Ju has made a ‘renewable energy generation enterprise’ share profits with local government mandatorily based on the “Ordinance of Approval and Zoning for Wind Power Generation Project.” This ‘profit sharing system’ is to enhance public acceptance of wind power generation project through profit sharing between an power generation enterprise and local residents. If ‘profit sharing system’ is to be implemented actively, legal nature of ‘profit sharing system’ should be clarified by comparing neighborhood systems such as 1) development charges, 2) exaction, and 3) support to residents. This paper, based on this comparison, sees three legal issues: 1) ordinance, 2) exaction, and 3) restitution. This analysis shows following reform efforts are necessary for active implementation of ‘profit sharing system’. First, more sound legal ground for ‘profit sharing system’ is necessary as current Article 303 and Article 304 of ‘Special Act on the Establishment of Je-Ju Special Autonomous Entity and Development of Free International City” cannot be deemed as a enough ground for ‘profit sharing system’. Second, the relationship between the wind-generation project itself and the beneficiaries of profit sharing should be strengthened to avoid violation of principle of unreasonable linkage prevention. Third, To enhance ‘restitution nature’ of ‘profit sharing system’ can an another option for justifying this system.