The law enabling voluntary energy transition: lessons learned from Korea’s legal framework

Abstract

Energy transition is a national agenda, prioritised in many countries, to ensure public safety and achieve climate goals. Although enacting laws is a critical means of realising energy transition policy, legal scholarship has paid little to no attention to the role of law in a sustainable energy transition. Countries are currently experimenting with their legal frameworks to achieve sustainable and smooth energy transition policies that are most beneficial. The pivotal role of law in energy transition has led researchers to place a growing emphasis on introducing and analysing the recently enacted domestic laws in various countries, seeking implications and insights in this regard. This study draws on the example of Korea’s legal framework for energy transition to argue that the voluntary nature of this agreement between the government and operator would have policy implications for many countries striving towards sustainable energy transitions. Unlike numerous other countries (eg Germany) that unilaterally force early closure of nuclear power plants by law, Korea tries to innovatively establish legal grounds that enable a voluntary agreement between the government and operators and the considerable efforts on just transition, while the government commits to contributex to bearing the costs of energy transition.