Sanctions on Reported Livestock Manure Discharge Facilities Must Be "Closure Orders"

Sanctions for Livestock Manure Discharge Facilities Should Be "Closure Order," Not "Permit Revocation"
Central Administrative Appeals Commission: "If Enforcement Rules Lack Specific Criteria, Follow the Law"

[Asia Economy, Reporter Moon Chaeseok] An administrative appeals committee has ruled that a local government’s decision to revoke the permit, rather than issue a closure order, for a livestock manure discharge facility that had not raised livestock for more than three years without valid reason, was an incorrect sanction.

On February 20, the Central Administrative Appeals Commission under the Anti-Corruption and Civil Rights Commission announced that, even if only "permit revocation" is specified in the enforcement regulations, authorities must issue a "closure order" as stipulated by the higher-level law when imposing such sanctions. The current enforcement regulations do not specify a "closure order."

The Anti-Corruption and Civil Rights Commission explained that although Mr. A had reported the installation of a livestock manure discharge facility to local government B in May 2011, B revoked the permit after determining that Mr. A had not raised livestock for more than three years without valid reason after filing the report.

Mr. A filed an administrative appeal with the Central Administrative Appeals Commission, arguing that he had valid reasons for not raising livestock for an extended period, such as the difficulty of introducing livestock due to installation costs and the lack of guidance from officials at local government B.

The commission determined that Mr. A did not have valid reasons for not raising livestock for more than three years, so his discharge facility was subject to sanction.

However, considering that the higher-level law requires a "closure order," and that the legal effects of failing to comply with a "closure order" and "permit revocation" differ, the commission found that local government B had misapplied the regulations by revoking the permit for Mr. A's reported facility.

Kim Myungseop, Director of the Administrative Appeals Bureau at the Anti-Corruption and Civil Rights Commission, stated, "This case demonstrates that, when local governments impose sanctions on livestock manure discharge facilities, they must ensure that the sanctions are consistent with the administrative measures stipulated by higher-level laws, even if specific standards are not set out in subordinate regulations."