Lawsuit to Cancel Shin-Kori Units 5 and 6... Dismissed in Appeal Trial

by Bae Kyunghwan

Published 08 Jan.2021 16:04(KST)

[Asia Economy Reporter Baek Kyunghwan] The environmental organization Greenpeace filed a lawsuit to cancel the construction of the Shin-Gori Units 5 and 6 nuclear power plants but lost again in the second trial.

On the 8th, the Administrative Division 10 of the Seoul High Court (Chief Judge Lee Wonhyung) ruled against Greenpeace and 559 citizens who filed an appeal to cancel the construction permit for Shin-Gori Units 5 and 6 nuclear power plants issued by the Nuclear Safety and Security Commission (NSSC), upholding the original ruling.

In 2016, Greenpeace and others filed a cancellation lawsuit claiming procedural illegality during the construction permit process for Shin-Gori Units 5 and 6. They argued for the cancellation of the nuclear power plant construction, citing that the NSSC did not follow a resident opinion collection procedure when preparing the radiation environmental impact assessment report.

The first trial acknowledged the illegality but dismissed the plaintiff's claim, stating, "Canceling this would be significantly against the public welfare." According to the Administrative Litigation Act, even if the plaintiff's claim is deemed valid, the court may dismiss the claim if canceling the relevant disposition is clearly against public welfare.

The court pointed out, "The suspension of construction itself would result in losses exceeding approximately 1 trillion won, and considering various social costs, the social loss is very large," adding, "There is also a possibility that the power supply reserve margin fell below an appropriate level for a certain period."

Both parties appealed, and the case was transferred to the Seoul High Court. On this day, the court maintained the position that the construction permit cancellation for Shin-Gori Units 5 and 6 is not allowed.