CONTENTS
- 1. The Significance of the Offshore Wind Power Act's Implementation
- 2. Key Institutional Changes Under the Offshore Wind Power Act
- - Introduction of the Offshore Wind Power Committee and the Working-Level Committee
- - Changes in the Method of Site Selection
- - Institutionalization of the Public-Private Council
- - Transition in the Method of Operator Selection
- - Expansion of the Role of Environmental Assessment
- - Streamlining of Project Execution Procedures
- 3. Implications of the Offshore Wind Power Act's Implementation and Practical Responses
- - Daeryun's Assistance
1. The Significance of the Offshore Wind Power Act's Implementation
The Offshore Wind Power Act was enacted in 2025, and it began to operate in earnest in March 2026, when the Enforcement Decree and the Enforcement Rule were established together.
Its most important feature is that it departs from the previous approach, which viewed offshore wind development as a collection of individual permits, and instead designs the entire process, from site selection to project execution, as a single system.
Because offshore wind power is an area that involves not only energy policy but also marine spatial use, environmental conservation, local resident acceptance, and industrial development in a complex manner, enabling these matters to be coordinated within a single legal framework carries considerable significance from the standpoint of institutional design.
2. Key Institutional Changes Under the Offshore Wind Power Act
The main contents of the Enforcement Decree and the Enforcement Rule of the Offshore Wind Power Act are as follows.
Introduction of the Offshore Wind Power Committee and the Working-Level Committee
First, with respect to the policy decision-making structure, the Offshore Wind Power Committee and the Working-Level Committee have been introduced.
This institutionalizes a structure for coordinating the views of multiple ministries and stakeholders, departing from a permitting system centered on a single ministry, and it is understood to be intended to resolve, within the system itself, the conflicts of authority and conflicts of interest that may arise during the course of project promotion.
Changes in the Method of Site Selection
The method of site selection has also changed fundamentally. Whereas previously the structure was one in which operators individually secured sites and proceeded with permitting, a planned-siting method has now been introduced, under which local governments apply for preliminary zones and the State reviews them.
This is regarded as an institutional mechanism for preventing indiscriminate competition to preoccupy sites and for reviewing environmental suitability and spatial appropriateness from the earliest stage of a project.
Institutionalization of the Public-Private Council
In addition, a public-private council has been institutionalized to coordinate, in advance, conflicts with residents and fishery operators.
In particular, the requirement that resident representatives and fishery operator organizations constitute a majority of the council can be viewed as a structure that demands genuine participation and agreement beyond mere gathering of opinions, and it may serve as an important criterion for assessing procedural legitimacy should disputes arise in the future.
Transition in the Method of Operator Selection
The method of operator selection has likewise shifted from a permit-centered approach to a selection-centered one. A structure has been established in which satisfying the legal requirements alone is insufficient, and an operator must be comprehensively evaluated on its actual capacity to carry out the project, such as its financial soundness and its ability to raise funds.
This is understood to reflect the characteristic of offshore wind power projects, which require large-scale, long-term investment.
Expansion of the Role of Environmental Assessment
The role of the environmental assessment has also been significantly expanded. Beyond a review of environmental impacts, it now comprehensively examines the marine environment, the living environment, and connection to the power grid.
In addition, by introducing a procedure for determining the assessment items and scope in advance, the environmental assessment has become a key stage that directly affects the very design of a project.
Streamlining of Project Execution Procedures
In addition, the requirement to submit the relevant permit and approval documents in an integrated manner at the implementation plan approval stage signifies a unification of procedures.
Accordingly, an operator must comprehensively prepare environmental, construction, and power-related matters from the initial stage, and a structure has been established under which administrative authorities can also manage these matters collectively.
Along with this, an installment payment system for costs has been introduced, designed to ease an operator's initial funding burden while securing the stability of public-interest cost recovery through partial payment before commencement of construction and full payment before completion.
3. Implications of the Offshore Wind Power Act's Implementation and Practical Responses
Following this implementation of the Offshore Wind Power Act, the very manner in which regulation operates is expected to change.
Whereas in the past it was important to respond to individual permitting procedures step by step, what is now required is a strategic approach that comprehensively considers, from the site selection stage onward, resident acceptance, environmental suitability, and the capacity to carry out the project.
In particular, the criteria for judgment in the operation of the public-private council, the results of the environmental assessment, and the operator selection process are highly likely to become important points of contention in future disputes, administrative appeals (a pre-litigation review before an administrative agency, comparable to an administrative appeal or agency review in common-law systems), and litigation.
Accordingly, an operator needs to systematically manage the consistency of the relevant materials and the procedural legality from the initial stage.
Beyond this, because this system has a structure that is given concrete form by numerous subordinate statutes and administrative standards, it is important to continuously monitor not only the Enforcement Decree and the Enforcement Rule but also future changes in public notices and operating standards.
Offshore wind power projects have now become an area that is difficult to pursue through individual permit responses alone, and a comprehensive response capacity is required, encompassing siting strategy, environmental risk management, resident consultation, and financial structure.
Because the business environment may change significantly depending on whether each procedure operates merely formally or performs a genuine coordinating function during the actual operation of the system in the future, continuous review of the relevant trends will be necessary.
Daeryun's Assistance
Daeryun provides comprehensive legal advice across all stages of offshore wind power projects, drawing on the practical experience it has accumulated in the fields of energy and infrastructure and regulatory response.
In particular, it can offer substantive support throughout the entire process, including the review of legal risks at the site selection stage, the formulation of strategies for responding to the public-private council, the review of environmental assessment and permitting procedures, responses to legal issues in the operator selection process, and the management of regulatory risks at the implementation plan approval and construction stages.
If you require a specific review or response in this regard, you are welcome to seek attorney advice in order to develop a more systematic response strategy.
