수소산업 규제체계와 규제특례제도의 법적 고찰

Hydrogen energy is a key alternative for achieving carbon neutrality and energy transition, and is expected to play a pivotal role in future industries as strategies and roadmaps are being announced worldwide. In 2020, Korea enacted the Hydrogen Economy Promotion and ‘Hydrogen Economy Promotion and Hydrogen Safety Management Act’, establishing the world’s first legal foundation for the transition to a hydrogen economy. Nevertheless, the three Gas Acts(HIGH-PRESSURE GAS SAFETY CONTROL ACT, URBAN GAS BUSINESS ACT, SAFETY CONTROL AND BUSINESS OF LIQUEFIED PETROLEUM GAS ACT), the technical standards(KGS Code), and local government ordinances continue to coexist, while the regulatory sandbox, as a representative mechanism of regulatory exemptions, also plays a central role in the hydrogen sector. The hydrogen industry is characterized by the dual necessity of ensuring public safety and promoting technological innovation. Given the inherent properties of hydrogen and the current state of hydrogen technologies, there is a pressing need to re-examine the regulatory system, regulatory approaches, and the operation of regulatory special provisions. This study investigates the regulatory framework of the hydrogen industry, focusing on the relationship between the Hydrogen Economy Promotion and Hydrogen Safety Management Act and the three Gas Acts, and reviews the operation and limitations of the regulatory sandbox. Based on this analysis, it suggests future directions such as establishing an integrated demonstration framework and easing the positive regulatory approach. This paper aims to contribute to the construction of a sustainable regulatory framework for the hydrogen industry and, furthermore, to the realization of regulatory innovation that harmonizes safety with technological advancement.