Enactment of the Offshore Wind Power Act Enforcement Decree and Enforcement Rule, a Shift Toward an Integrated Regulatory Framework Beyond Permitting

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.

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.

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.

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.

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.

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.

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.