Damyang-gun Wins Administrative Lawsuit for Indirect Compulsory Enforcement in Hansol SRF Dispute

[Asia Economy Honam Reporting Headquarters Reporter Kim Yukbong] Damyang-gun, Jeollanam-do (Governor Choi Hyung-sik) announced on the 10th that it won the case in which Hansol Papertech Co., Ltd. filed a lawsuit to cancel the dismissal decision of the indirect enforcement application demanding “payment of 5 million won per day” against the Jeollanam-do Administrative Appeals Commission (hereinafter referred to as the Provincial Administrative Appeals Commission) and the gun as a participant in the lawsuit.

On the 9th, the Gwangju District Court dismissed the claim to cancel the dismissal decision on the indirect enforcement application for the use report of Solid Refuse Fuel (SRF) filed by Hansol Papertech Co., Ltd. in a trial where the gun was a participant of the Provincial Administrative Appeals Commission, stating that it was “without merit.”

Hansol Papertech Co., Ltd. had been using 70% waste and 30% SRF as fuel for incineration facilities to produce steam, but in October last year, it filed a change report to switch to 100% SRF. However, when the gun did not recognize this due to residents’ environmental rights and other reasons, the company filed a cancellation claim with the Administrative Appeals Commission, which ruled in March last year to cancel the dismissal disposition.

However, during the administrative appeal, the law was amended, changing the SRF use report to a permit system, and the revised law was applied to the re-disposition following the cancellation of the dismissal disposition.

Although the gun guided the company to follow the change permit procedure for lawful re-disposition, the company filed an administrative appeal for indirect enforcement demanding payment of 5 million won per day until the decision of the Administrative Appeals Commission was implemented.

Judging that the company had no intention to cooperate with the re-disposition procedure, the gun issued a refusal disposition for the change of solid refuse fuel use corresponding to the re-disposition according to the amended law.

The Provincial Administrative Appeals Commission also made the same judgment as the gun, stating that “it does not violate the binding force of the decision,” and in response, the company filed two lawsuits with the Gwangju District Court: a claim to cancel the dismissal decision of the indirect enforcement and a lawsuit to confirm the invalidity of the dismissal disposition.

With the dismissal of the claim to cancel the dismissal decision of the indirect enforcement this time, the gun expressed hope for a desirable outcome in the lawsuit to confirm the invalidity of the dismissal disposition in the future to protect the happiness pursuit rights and environmental rights of the residents.

Governor Choi Hyung-sik said, “We were able to do our best in this lawsuit to block SRF incineration, which is no different from building a new industrial waste incineration plant that emits highly toxic pollutants such as dioxins and heavy metals, and achieve a good result,” adding, “We will continue to make efforts so that local residents can live safely in a pleasant environment.”

This content was produced with the assistance of AI translation services.