Supreme Court: "Denial of Permission to Install Manure Treatment Facility Next to Reservoir Is Justified"

Supreme Court. / Photo by Moon Ho-nam munonam@

[Asia Economy Reporter Kim Daehyun] The Supreme Court has ruled that it is justified for local governments to deny construction permits for manure treatment facilities near reservoirs used by residents.

On the 9th, the Supreme Court's 3rd Division (Presiding Justice Min Yusook) announced that it overturned the lower court's ruling in favor of plaintiff A, an operator of a livestock manure discharge facility, who filed an appeal against Gangjin County's rejection of his construction permit application, and remanded the case to the Gwangju High Court.

A applied in October 2018 for a development activity permit to install a liquid fertilizer treatment facility near a reservoir in Gangjin County, Jeollanam-do, where he operated a livestock manure discharge facility. Liquid fertilizer treatment is a method that directly decomposes and processes livestock manure at the facility.

However, Gangjin County decided to deny the permit citing water pollution and harm to residents. This was because the facility was only 24 meters away from a reservoir used by residents for agricultural and daily water needs. In response, A filed a lawsuit claiming that the environmental damage concerns were less than those of existing methods.

The first trial dismissed A's claim, reasoning that since the reservoir used by nearby villages was close, it would be difficult to recover from damage if water pollutants were discharged, thus there was a strong need to restrict the facility's installation.

On the other hand, the second trial ruled in favor of A, stating, "Considering the function of the 'treatment facility,' the refusal based on water pollution is not an effective or appropriate means to achieve the purpose." It also noted, "Even if A improperly operates the facility, such as unauthorized discharge of liquid fertilizer generated at the facility, there are remedies under the Livestock Manure Act, including improvement or suspension orders and criminal penalties."

However, the Supreme Court ordered a retrial and judgment. The court pointed out, "Considering the facility's location, it would be difficult to reverse environmental damage if the facility is not properly managed and operated," and added, "It is hard to accept that concerns about environmental pollution can be dispelled simply because there are post-regulatory measures."

Furthermore, the court stated, "The lower court erred by misunderstanding the law regarding abuse and deviation of discretion and the burden of proof, and failed to conduct necessary hearings," and thus overturned and remanded the case.

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