Legal Advice on the Interpretation of the Environmental Impact Assessment Act for a Wind Power Company
2018.12.24.
Yulchon provided legal advisory services on the interpretation of the Environmental Impact Assessment Act, successfully leading to the lifting of a construction ban imposed by the Ministry of Environment on Wind Power Company “A”, allowing the company to continue its wind farm development project.
Wind Power Company “A” received a construction ban notification from the Ministry of Environment, based on the argument that the ongoing wind farm development project activities constituted premature implementation of projects under Article 34(1) of the Environmental Impact Assessment Act. Representing the company, Yulchon submitted a legal opinion to the Ministry of Government Legislation, arguing that the construction activities did not constitute premature implementation of projects. The argument was based on a textual and systematic interpretation of the relevant provisions, the legislative intent behind the regulatory framework, and the socio-economic impact of the project. The Ministry of Government Legislation accepted Yulchon’s argument. As a result, The Ministry of Environment lifted the ban and allowed Wind Power Company “A” to proceed with its wind farm project without facing further obstacles.
This case is significant because Yulchon successfully influenced the government’s interpretation of legal provisions, leading to a change in the stance of both the Ministry of Government Legislation and the Ministry of Environment, ultimately ensuring the continued viability of the client’s business.
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