During the holiday season last May, the share of domestic solar power generation exceeded half of the total electricity demand. However, at the same time, as curtailment measures by the power authorities continued, the issue of losses for power generation business operators emerged as a nationwide topic. At this juncture, Attorney Sungwoo Kim of Law Firm Solaris contributed a column depth-analyzing the legal significance and future prospects of the Gwangju District Court's recent dismissal of the solar power curtailment lawsuit. The media also paid attention to Solaris's expertise, which stands out in the field of renewable energy regulation, allocating space for this commentary.
Attorney Sungwoo Kim pointed out the following key points in this contribution. First, while the court judged the curtailment to be a measure based on a contract between the parties rather than an exercise of public power, closing the path to administrative litigation, a legal contradiction exists where administrative sanctions are imposed if it is not implemented. Second, curtailment disputes are now spreading beyond Jeju to the Honam region, and in the future, the aspect will shift to multi-layered litigation such as civil damages and constitutional appeals. Third, in line with the expansion of the share of renewable energy, it is urgent to establish a system that symbols fair compensation for the losses of business operators, as in the case of Germany.
Law Firm Solaris will continue to keenly analyze changes in the energy market and provide optimal legal services to solve the problems faced by clients in the regulatory environment.
▶ View Original Contribution: The Era of 50% Renewable Energy, the Legal Vacuum of Curtailment
Attorney Sungwoo Kim Analyzes Solar Power Curtailment Ruling and Future Legal Challenges
During the holidays last May, solar power accounted for over half of domestic electricity demand. However, the authorities' subsequent curtailment measures have turned the financial losses of power generators into a nationwide issue. In light of this, Attorney Sungwoo Kim of SOLARIS contributed a column thoroughly analyzing the legal implications of the Gwangju District Court's recent dismissal of a solar curtailment lawsuit. Major media outlets highlighted SOLARIS's expertise in renewable energy regulation by publishing this insightful commentary.
In his column, Attorney Kim highlights the following key points: First, while the court ruled curtailment as a contractual action rather than an administrative disposition, thereby closing the door on administrative lawsuits, legal contradictions remain, such as the imposition of administrative penalties for non-compliance. Second, curtailment disputes are spreading beyond Jeju Island to the Honam region, and future legal battles will likely shift toward civil damages and constitutional appeals. Third, as renewable energy expands, it is urgent to establish a legislative compensation system for business operators, similar to the model used in Germany.
SOLARIS will continue to sharply analyze changes in the energy market and provide optimal legal services to resolve the challenges our clients face within complex regulatory environments.