법무법인(유한) 율촌 | Yulchon LLC

Yulchon successfully represented the Eumseong County Governor in the Supreme Court, securing a remand ruling in a lawsuit filed by a waste disposal company seeking the cancellation of the Governor’s rejection (notification of nonconformity) of the company’s waste disposal business plan.

The Eumseong County Governor had determined that the proposed waste disposal facility would generate odorous substances that could negatively impact local residents’ right to live in a healthy and pleasant environment. The Governor thus issued a notification of nonconformity. The appellate court ruled that this decision was unlawful, stating that the Governor had exceeded the scope of the governor’s discretionary authority.

The Supreme Court, however, noted that administrative entities have broad discretion in determining the suitability of a waste disposal business plan. The Supreme Court determined that the appellate court had misinterpreted the Waste Control Act and the Administrative Procedures Act, holding that the appellate court’s decision was legally flawed. In reaching this holding, the Court noted that the evaluation should consider the cumulative and total adverse environmental impact that might arise if the proposed project were implemented, and also considered the intent of Article 17 of the Administrative Procedures Act. As a result, the case was remanded.

This case is significant because it clarifies the applicable standard for administrative entities assessing the suitability of waste disposal business plans, as well as the standard for determining the permissible threshold for odor emissions.