Supreme Court Dismisses Appeal Without Hearing
Gongju City, Chungnam Province, announced on the 25th that it had won a lawsuit regarding the cancellation of an air pollutant emission facility report for an asphalt concrete (Ascon) plant.
In December 2021, the city determined that Company A, located in Gyeryong-myeon, had excessively calculated the amount of dust generated, thereby violating site restriction regulations for planned management areas. As a result, the city issued a cancellation (closure) order for the air pollutant emission facility report.
In response, Company A filed an administrative lawsuit in January 2022, claiming that the calculation of dust emissions was reasonable and that there were no issues with the report, seeking to overturn the city's decision.
However, the court pointed out that the company had significantly underestimated the amount of air pollutants by not properly applying the relevant notification regulations at the time, and ruled that Gongju City's cancellation order was not unlawful.
On the 14th, the Supreme Court also dismissed the appeal without a hearing, resulting in a final victory for Gongju City. A dismissal without a hearing means that if there are no legal grounds such as illegality in the original judgment, the Supreme Court upholds the decision without further review.
The site in question is adjacent to a village, and residents have opposed the establishment of the Ascon plant for over ten years, citing its unsuitability. Upon hearing the news of Gongju City's victory, residents welcomed the resolution of local conflicts and expressed hope that a business that can coexist with the community will be attracted to the site.
Oh Hongseok, head of the Environmental Protection Division, said, "With this final court victory, we have been able to protect the health rights of local residents," and added, "We will continue to work towards making Gongju City a pleasant place where citizens can live with peace of mind."
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