Inhibiting solar distancing regulations, which are seen as the ‘biggest bottleneck’ to solar energy deployment in the country, challenged at the South Korean Constitutional Court
Image caption: Groups gather outside South Korean Constitutional Court with banners reading ”진주시 태양광 이격거리 조례 헌법소원 기자회견: 실용적인 재생에너지 활용을 위해 태양광 이격거리 규제를 개선하라! ”Jinju City’s Solar Separation Distance Regulation Constitutional Complaint Press Conference: Improve Solar Separation Distance Regulations for Practical Renewable Energy Utilization!”, August 8th, 2024 (Image credit: SFOC)
August 8, 2024 (SEOUL) - Today, a constitutional appeal was filed to raise voices calling for the removal of solar separation distance regulations to expand solar power. The legal complaint challenges South Korea’s separation distancing regulation for violating the rights to freedom of occupation and equality for solar power generation operators, and the right to the environment and the pursuit of happiness for ordinary citizens of South Korea.
A group of 36 individual citizens, including a Jinju City resident, and three cooperatives, filed a constitutional appeal against Jinju City’s recently updated regulation that strengthens the separation distance. Coinciding with the filing of the complaint, several civil society groups, including Changwon Citizen Energy Cooperative, Gyeongnam Climate Crisis Emergency Action, Gyeongnam Sunlight Power Cooperative, Everyone's Sunlight Gyeongnam Energy Transition Social Cooperative, and Solutions for Our Climate (SFOC), gathered outside the Constitutional Court to hold a press conference on the solar distancing issue in solidarity with the filed constitutional complaint.
Image caption: Solar distancing regulations shackling the deployment of solar PV in South Korea, August 8th, 2024 (Image credit: SFOC)
The constitutional appeal challenged the regulation of solar separation distance, in many local governments, including Jinju City, as unconstitutional, and called for the Ministry of Land, Infrastructure, and Transport and the Ministry of Trade, Industry and Energy to provide clear standards to local governments on solar power generation facilities to protect the basic rights of the people.
According to SFOC research, regulatory constraints are perceived as the primary impediment to the widespread adoption of solar energy in South Korea. Data by the Korea Energy Economics Institute (KEEI) revealed that in 2023 over 130 out of 226 Korean municipalities stipulated minimum separation distances between solar photovoltaic (PV) equipment and designated roads, facilities, and sites. The distance averaged 300 meters and reached a maximum of 1,000 meters from roads and residences, fundamentally constraining solar PV deployment.
By blocking the use of possible suitable areas, such as residential land, idle lots next to roads, and parking space, South Korea’s separation distance regulation reduces the market potential of solar power by 69.6%. This prohibits the installation of solar power plants on 17,000 square kilometers of land.
As highlighted in the legal complaint, the issue is further exacerbated when local governments introduce strict distancing requirements in their jurisdictions. This was evident in the recent case with Jinju City, which updated regulations to distance power generation facilities from power consumption areas, inhibiting the deployment of solar energy facilities.
Lacking a scientific basis, this regulation was first introduced in 2015 to prevent the occurrence of resident civil complaints at the local government level. However, in its solar PV siting guidelines released in January 2023, the Ministry of Trade, Industry and Energy confirmed that there is no environmental nor human impact scientifically proved by solar PV, such as electromagnetic waves, light reflections, noise, heavy metal leakage, and fire hazards. This suggests that technical justification for the distancing regulations is notably absent and greater accountability is needed from national policy bodies to enhance the solar permitting regulation process to enable the deployment of solar energy.
"In the race towards carbon neutrality, solar distancing regulations, which can be amended by local governments and lack national-level guidance, are inhibiting South Korea’s renewable energy deployment and failing to meet the rights of citizens. It is imperative for solar distancing regulations to be amended in order to boost the deployment of solar in the country," said Jaebin Choe, Policy Analyst at SFOC.
Highlighting the urgency of the issue amidst soaring heatwaves, Jin-young Jung, director of Gyeongnam Climate Crisis Emergency Action, said, "Every day we see news of average global temperature breaking last year’s records, and more than 1,000 people have collapsed in Korea due to heat-related illnesses during the ongoing heat wave. Yet the national and local governments seem unable to remove the separation distance regulation that fundamentally blocks the expansion of solar power."
According to the Intergovernmental Panel on Climate Change's (IPCC) Sixth Assessment Report, solar power is the most cost-effective way to reduce greenhouse gases. According to the International Energy Agency (IEA), solar power has the greatest potential for reducing greenhouse gas emissions among the power generation sectors. Solar power installations, which can be easily installed anywhere on various scales, have a significantly shorter construction period than other energy sources, and the effect of reducing greenhouse gas emissions is immediate.
Photos from the press conference can be accessed here (Image credit: SFOC).
ENDS.
Solutions for Our Climate (SFOC) is an independent nonprofit organization that works to accelerate global greenhouse gas emissions reduction and energy transition. SFOC leverages research, litigation, community organizing, and strategic communications to deliver practical climate solutions and build movements for change.
For media inquiries, please reach out to Kate Kalinova, Communications Officer, at kate.kalinova@forourclimate.org.
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