전기요금 규제의 공법적 쟁점과 규제체계 개편을 위한 과제

Abstract

The current electricity rate regulation system is stipulated in the 「Constitution」, 「Price Stabilization Act」 and 「Electricity Business Act」, but it was not viewed from the perspective of the regulatory law. Although there is a regulatory procedure for electricity rates, it has been limited to formal procedures or has been regulated in a regulatory way using non-authoritative means. In spite of the fact that the total cost method is established as a regulatory standard under the law, the concept of uncertainty, which falls under the area of judgment room such as price stability under the 「Price Stabilization Act」, has been used as a regulatory standard. This structural problem can be said to be the reason why it was difficult to predictably determine electricity rates based on the law.In order to maintain the electricity rate regulation system under the law, it is necessary to clearly reorganize it by not being the only factor considered in the electricity rate determination process or separating the electricity rate policy and setting the legal use order and limit. If this is realized, electricity rate determination can be made through clearer regulatory standards, and the scope of judicial review by the courts on electricity rate determination can be expanded.However, this discussion is still based on the premise of establishing a professional organization that can operate the system in consideration of the characteristics of the electric power industry, which is still monopolistic and difficult to compare with the competitive market, and the interpretation of regulatory standards is inevitably complicated and specialized. In addition, since the purpose of electricity rate regulation is for the government to coordinate between electricity operators and electricity users, such as Korea Electric Power Corporation, there is a need to establish procedural legal controls that allow interested parties to participate in the determination and calculation of electricity rates. Against this background, this thesis discusses the legitimacy and limitations of public law related to the current electricity rate decision by examining the legal issues related to electricity rate regulation, and presents a legal reorganization plan focusing on various issues of the electricity rate regulation system. has a purpose Electricity rate regulation can be broadly divided into wholesale price in the electricity market and electricity user's retail price regulation. To this end, first, as the most premise of electricity rate regulation, the legal nature of electricity rate and the overall legal system related to rate regulation will be reviewed, and legal issues related to the standard and method of regulation of electricity rate under the current law will be reviewed. It is divided into the problem of the level of electricity rate, the problem of the rate system, and the problem of the rate regulatory agency, and draws out the issues and problems of each. Lastly, from the perspective of how to establish the electricity rate regulation system for the rationality of electricity rate regulation, we would like to present public legal tasks for reorganization of the electricity rate regulation system and establishment of governance.