Supreme Court: Landowners Must Dispose of Unauthorized Waste Even If Unaware

[Asia Economy Reporter Kim Hyung-min] The Supreme Court has ruled that even if waste is illegally dumped without the landowner's knowledge, the landowner is still obligated to dispose of the waste.

The Supreme Court's Third Division (Presiding Justice Noh Tae-ak) announced on the 10th that it upheld the lower court's ruling, which dismissed the lawsuit filed by landowner A against Yangju City, Gyeonggi Province, seeking to cancel the order to remove hazardous waste.

The court stated regarding Yangju City's order for A to remove the waste, "It was sufficiently foreseeable and does not violate the principle of clarity," adding, "The order is appropriate as it is based on the violation of the owner's duty to maintain cleanliness, and there is no legal error in the lower court's judgment."

In November 2015, A acquired ownership of a 940㎡ plot of miscellaneous land in Yangju City through an auction.

About 30 tons of construction waste had been left on the land, and after A purchased the land at auction, approximately 500 tons of additional waste were dumped.

Yangju City issued a waste disposal order against A, stating that he failed to fulfill the 'duty to maintain cleanliness of the land' under the Waste Management Act. A filed a lawsuit arguing that the disposal of illegally dumped waste, for which he was not responsible as the owner, does not fall under the 'duty of cleanliness.'

The first trial court ruled that A was not responsible and canceled Yangju City's waste removal order.

However, the appellate court overturned the decision and ruled in favor of Yangju City.

The court found that A violated the duty to maintain cleanliness because he did not manage the land or make any effort to remove the waste even after becoming aware of the waste being left on the property.

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