Ruling in Favor of the Plaintiff in the Lawsuit to Revoke the Rejection of a Medical Waste Incineration Facility Proposal

Lee & Ko successfully represented Company B in a lawsuit seeking to revoke a local government’s rejection of its proposal for a district management plan amendment to install a medical waste incineration facility. The court ruled in favor of Company B, overturning the local government’s decision.

The plaintiff, Company B, is a medical waste collection and transportation company. To establish the incineration facility, the company conducted a small-scale environmental impact assessment (EIA), which concluded that the project would have “no or minimal negative environmental impact.” Based on this, Company B received confirmation of compliance with the Waste Management Act from the Regional Environmental Office. Subsequently, the company submitted a proposal for a district management plan amendment under the Framework Act on the National Land to the local government. Despite the positive results of the EIA, the local government rejected the proposal, citing environmental concerns and opposition from local residents.

Lee & Ko advanced the following two compelling arguments.
    1. Rejecting the proposal solely based on opposition or vague concerns from residents without a reasonable and detailed review is unlawful.
    2. The administrative authority’s environmental concerns lacked objective and concrete evidence, failing to overturn the findings of the small-scale EIA.

The court accepted these arguments and annulled the local government’s rejection decision.

Although waste treatment facilities are essential infrastructure for the proper disposal of waste generated by the public, they are often viewed as undesirable due to their association with waste processing. Establishing such facilities requires not only approval from the Regional Environmental Office but also administrative planning approval from the local government where the facility will be located. Administrative planning, such as district management plans, involves broad discretion on the part of local authorities, making it particularly challenging to argue and prove abuse or overreach of that discretion.

This case establishes an important precedent by overturning an unlawful administrative decision aimed at blocking the installation of a waste treatment facility due to local opposition. It serves as a positive example for businesses pursuing essential infrastructure projects while complying with environmental protection measures and adhering to EIA requirements.