
During the holiday period last May, solar power supplied more than half of Korea's total electricity demand. At the same time, the grid authorities repeatedly ordered output curtailment, and the resulting losses for power producers became a nationwide issue. Against this backdrop, Attorney Sungwoo (Goni) Kim of SOLARIS contributed a column analyzing in depth the legal significance of the Gwangju District Court's recent dismissal of a solar curtailment lawsuit and what lies ahead. The publication devoted space to the column in recognition of SOLARIS's expertise in renewable energy regulation.
In the column, Attorney Kim made the following key points. First, by treating curtailment as a measure taken under a contract between the parties rather than an exercise of public authority, the court closed the door to administrative litigation, yet producers who fail to comply still face administrative sanctions, a legal contradiction. Second, curtailment disputes are spreading beyond Jeju to the Honam region and will likely evolve into multi-layered litigation, including civil damages claims and constitutional complaints. Third, as the share of renewable energy grows, Korea urgently needs a system that fairly compensates producers for their losses, as Germany has done.
SOLARIS will continue to analyze changes in the energy market closely and provide legal services that resolve the problems clients face in a demanding regulatory environment.
▶ Read the original column: Renewables at 50%: The Legal Gap in Output Curtailment
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