일본의 3단계 전기요금 누진제 - 우리나라 누진제와의 비교 및 시사점 -

This paper is intended to provide comparative legal data for judging the origin, legal basis and the reasonable scope of its operation of the ‘Progressive Electricity Rate System’. In conclusion, the nation's electricity rate system is based on ‘general cost principle’ and the licensing system under Japan's Electricity Business Act, and the progressive rate system is also adopted by referring to the Japanese progressive rate system established in Japan after the first oil shock in 1973. However, while Japan's progressive rate system has fixed the progressive phase in three stages and the progressive rate has been stable within 1.6 times, the system in Korea has expanded the progressive phase up to in 12 stages, the progressive rate up to 15 times and introduced the progressive system only for household electricity. Nevertheless, there is a problem where the meaning of the 'efficient allocation of resources' specified in the Notification of Electricity Rates is not clear as the theoretical basis for the introduction of the system. Above all, in view of the fact that the general cost method, which is the grand principle of calculating electricity rate under the statute, is based on the 'cost principle', there is a risk that defining the progressive system of electricity rate based on the 'utilization principle' in the Notification of electricity rates may exceed the limit of the delegated legislation. Given this premise, we cannot be free from the criticism that the nation's progressive system has operated against the principle of protecting the interests of electricity users, which is the ideology of the Electricity Business Act, and the principle of banning discrimination. I hope that the review of this paper will help the discussion surrounding the reorganization of the progressive rate system and the resolution of related lawsuits as basic data to accurately understand the nation's progressive electricity rate system.This paper is intended to provide comparative legal data for judging the origin, legal basis and the reasonable scope of its operation of the ‘Progressive Electricity Rate System’. In conclusion, the nation's electricity rate system is based on ‘general cost principle’ and the licensing system under Japan's Electricity Business Act, and the progressive rate system is also adopted by referring to the Japanese progressive rate system established in Japan after the first oil shock in 1973. However, while Japan's progressive rate system has fixed the progressive phase in three stages and the progressive rate has been stable within 1.6 times, the system in Korea has expanded the progressive phase up to in 12 stages, the progressive rate up to 15 times and introduced the progressive system only for household electricity. Nevertheless, there is a problem where the meaning of the 'efficient allocation of resources' specified in the Notification of Electricity Rates is not clear as the theoretical basis for the introduction of the system. Above all, in view of the fact that the general cost method, which is the grand principle of calculating electricity rate under the statute, is based on the 'cost principle', there is a risk that defining the progressive system of electricity rate based on the 'utilization principle' in the Notification of electricity rates may exceed the limit of the delegated legislation. Given this premise, we cannot be free from the criticism that the nation's progressive system has operated against the principle of protecting the interests of electricity users, which is the ideology of the Electricity Business Act, and the principle of banning discrimination. I hope that the review of this paper will help the discussion surrounding the reorganization of the progressive rate system and the resolution of related lawsuits as basic data to accurately understand the nation's progressive electricity rate system.