Establishment of enforcement ordinance and enforcement rules for the Offshore Wind Power Act, transition to an integrated regulatory system beyond permits and permits

First, in terms of policy-making structure, the Offshore Wind Power Development Committee and Working Committee were introduced.

This is understood as an attempt to institutionalize a structure that coordinates the opinions of multiple ministries and stakeholders, breaking away from the single-ministry-centered permit system, and to resolve within the system any conflicts of authority and interests that may arise during future project implementation.

The method of location selection has also fundamentally changed. Previously, the structure was such that business operators individually secured sites and proceeded with licensing, but now a planned location method has been introduced in which local governments apply for reserve districts and the government reviews them.

This is evaluated as an institutional device to prevent indiscriminate competition for location and to review environmental performance and spatial suitability from the early stages of the project.

Additionally, a public-private council has been institutionalized to proactively mediate conflicts with residents and fishermen.

In particular, the fact that residents' representatives and fishermen's groups constitute the majority of the consultative body can be seen as a structure that requires practical participation and agreement beyond the collection of opinions, and is likely to serve as an important standard for judging procedural legitimacy in the event of future disputes.

The method of selecting business operators has also changed from permission-centered to selection-centered. It is not enough to simply meet legal requirements, and a structure has been established in which actual business performance capabilities, including financial soundness and financing ability, must be comprehensively evaluated.

This is understood to reflect the nature of offshore wind power projects requiring large-scale investments over a long period of time.

The role of environmental assessment has also greatly expanded. Beyond the environmental impact review, we comprehensively reviewed the marine environment, living environment, and power system connection.

In addition, by introducing a procedure to determine evaluation items and scope in advance, environmental assessment has become a key step that directly affects the project design itself.

In addition, the requirement to submit related licensing documents in an integrated manner at the implementation plan approval stage signifies the unification of procedures.

Accordingly, business operators must comprehensively prepare environmental, construction, and power-related matters from the initial stage, and a structure has been established to allow administrative offices to manage these in a unified manner.

In addition, a cost installment payment system was introduced, designed to ease the initial financial burden on business operators and ensure the stability of public interest cost recovery through partial payment before construction begins and full payment before completion.

Daeryun, the 9th largest law firm in Korea (based on 25 years of value-added tax reporting to the National Tax Service)provides comprehensive legal advice across all stages of offshore wind power projects based on accumulated practical experience in the fields of energy, infrastructure, and regulatory response.

In particular, practical support is available throughout the entire process, from review of legal risks at the location selection stage, establishment of public-private council response strategy, review of environmental assessment and licensing procedures, response to legal issues during the business selection process, approval of implementation plan, and regulatory risk management at the construction stage.

If you need a specific review or response, we recommend that you consult with an attorney to develop a more systematic response strategy.