CONTENTS
- 1. Meaning of enforcement of the Offshore Wind Power Act
- 2. Major institutional changes in the Offshore Wind Power Act
- - Introduction of Offshore Wind Power Development Committee and Working Committee
- - Changes in location selection methods
- - Institutionalization of public-private council
- - Change in business selection method
- - Expanding the role of environmental assessment
- - Establishment of business execution procedures
- 3. Implications of enforcement of the Offshore Wind Power Act and practical response
- - Daeryun's assistance
1. Meaning of enforcement of the Offshore Wind Power Act
The Offshore Wind Power Act was enacted in 2025 and began to operate in earnest in March 2026 with enforcement decrees and enforcement regulations.
The most important feature isBreaking away from the existing approach of viewing offshore wind power development as a collection of individual permits, the entire process from site selection to project execution was designed as a single system.It is in
In particular, offshore wind power is an area that is complexly intertwined with not only energy policy, but also marine space use, environmental conservation, acceptance by local residents, and industry development, so being able to coordinate it within a single legal system is significant in terms of institutional design.
2. Major institutional changes in the Offshore Wind Power Act
The main contents of the Enforcement Decree and Enforcement Rules of the Offshore Wind Power Act are as follows.
Introduction of Offshore Wind Power Development Committee and Working Committee
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.
Changes in location selection methods
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.
Institutionalization of public-private council
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.
Change in business selection method
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.
Expanding the role of environmental assessment
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.
Establishment of business execution procedures
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.
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3. Implications of enforcement of the Offshore Wind Power Act and practical response
After the enforcement of this offshore wind power law, the way regulations work itself is expected to change.
In the past, it was important to respond to individual licensing procedures step by step, but nowA strategic approach is required that comprehensively considers resident acceptance, environmental friendliness, and project performance capabilities from the site selection stage.It works.
In particular, the operation of public-private councils, environmental assessment results, and judgment standards in the business selection process are likely to become important issues in future disputes, administrative trials, and lawsuits.
Therefore, business operators need to systematically manage the consistency and procedural legitimacy of related data from the initial stage.
In addition, since this system has a structure that is specified by a number of subordinate laws and administrative standards, it is important to continuously monitor not only enforcement decrees and enforcement rules, but also future notices and changes in operating standards.
nowOffshore wind power projects have become an area that is difficult to pursue simply by responding to individual permits, and comprehensive response capabilities including location strategy, environmental risk management, resident consultation, and financial structure are required.It will happen.
In the future, in the actual operation of the system, the business environment may vary greatly depending on whether each procedure operates formally or performs a substantive coordination function, so it is believed that continuous inspection of related trends will be necessary.
Daeryun's assistance
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.
