Country
Republic of Korea
Date of text
Type of court
National - higher court
Sources
Court name
Supreme Court
Seat of court
Seoul
Reference number
2003Du13489
Tagging
Standing
Free tags
Waste & hazardous substances
Land & soil
Justice(s)
Bae Ki-won (Presiding Justice);Yoo Ji-dam; Lee Kang-kook; Kim Yong-dam (Justice in charge)
Abstract

The purpose of the relevant provisions of the former Promotion of Establishment of Waste Disposal Facilities and Assistance, etc. (amended by Act No. 6656 of Feb. 4, 2002) and the Enforcement Decree of the Act lies in the protection of interests including individual interests of the residents residing in the area directly and significantly affected by environmental harms as well as those residing in the indirectly affected neighboring area of 300 meters from the boundary of the facilities so that they live a life in the optimal environment, not subject to environmental harms exceeding the endurable degree compared to the situation prior to the implementation of the business establishing the burning facilities with the disposal capacity of 50 tons per day.

Since the environmental interests of the above residents as to a disposition which decided and published the area designated for the waste burning facilities were direct and concrete interests protected individually for each resident, thus each resident can be acknowledged to have the standing to sue under the presumption that there practically exist environmental harms or concerns for such harms unless any other circumstances are demonstrated.

On the other hand, if the agency for the waste disposal facilities fails to designate or announce the area as the affected neighbouring area despite environmental harms exceeding the endurable degree compared to the situation prior to the implementation of the business establishing the burning facilities, the residents residing outside 300 meters from the boundary of the waste burning facilities could be acknowledged as having the standing as plaintiff by proving that their environmental interests are infringed upon or likely to be infringed upon by implementation and operation of the pertinent waste disposal facilities pursuant to Article 17 (3) 2 of the Act.

(Source: Republic of Korea Supreme Court, http://library.scourt.go.kr/SCLIB_data/decision/3-74%20Supreme%20Court%20Decision%202003Du13489%20Delivered%20on%20March%2011.htm , last accessed 18/07/2018)