CONTENTS
- 1. The Client Who Visited a Daejeon Administrative Attorney
- - How the Client Came to Visit a Daejeon Administrative Attorney
- 2. Relevant Statutes for the Case as Explained by a Daejeon Administrative Attorney
- 3. The Daejeon Administrative Attorney's Assistance
- - Daejeon Administrative Attorney Argues That the Principle of Protection of Trust Was Violated
- - Daejeon Administrative Attorney Argues That There Was a Deviation from and Abuse of Discretionary Power
- - Daejeon Administrative Attorney Argues That the Client Had Installed Odor Prevention Facilities
- 4. The Court's Decision on the Daejeon Administrative Attorney's Arguments
- - If You Need the Assistance of a Daejeon Administrative Attorney
1. The Client Who Visited a Daejeon Administrative Attorney
The client who visited a Daejeon administrative attorney sought the assistance of a specialist attorney and requested help from the administrative attorney at the Daejeon office in order to raise an objection to a disposition denying permission for a waste disposal business.
How the Client Came to Visit a Daejeon Administrative Attorney
The client in this case submitted a business plan to the permitting authority in order to operate a waste disposal business.
After receiving notice that the waste disposal business was suitable, the client equipped the facilities and equipment in accordance with the business plan and applied for permission.
However, residents near the waste disposal facility began to file complaints regarding matters such as foul odors.
Accordingly, a civil complaint mediation committee was convened, and as a result, a resolution was made denying the application in this case.
The client, considering this decision unjust, filed an administrative appeal, but this too was dismissed.
The client decided to seek the assistance of a specialist attorney and to file an 🔗administrative lawsuit against the disposition denying permission for the waste disposal business, and visited a Daejeon administrative attorney.
2. Relevant Statutes for the Case as Explained by a Daejeon Administrative Attorney
Administrative Lawsuit
An administrative lawsuit refers to a lawsuit in which a person whose rights have been infringed by a disposition of an administrative agency seeks the revocation or modification of that disposition.
An administrative lawsuit may be filed only by a person who has a legal interest that is direct and concrete as a result of the revocation of the administrative agency's administrative disposition.
Revocation Lawsuit
A revocation lawsuit is
It is a lawsuit to restore the unlawful state arising from the unlawful disposition to its original condition and to provide a remedy for the rights and interests infringed by that disposition.
3. The Daejeon Administrative Attorney's Assistance
The Daejeon administrative attorney carefully analyzed the precedents related to this case and devised an appropriate strategy.
In order to revoke the disposition denying permission for the waste disposal business, the following points were emphasized.
Daejeon Administrative Attorney Argues That the Principle of Protection of Trust Was Violated
The principle of protection of trust refers to the requirement to protect the legitimate and reasonable trust of the public in the administration.
Having received notice that the waste disposal business was suitable, the client relied on this and invested considerable time, expense, and effort to install the relevant facilities.
However, because the client suffered substantial detriment as a result of this disposition, it was emphasized that this is conduct that violates the principle of protection of trust.
Daejeon Administrative Attorney Argues That There Was a Deviation from and Abuse of Discretionary Power
In this case, discretionary power is recognized for the administrative agency regarding the appropriateness of the business.
The administrative agency may exercise discretionary power in judging matters such as the effect of the waste disposal facility on the living and natural environment.
However, at the very least, the related judgment must be based on objective and concrete materials, and it was emphasized that this disposition was an unjust decision based on opposition from local residents.
Daejeon Administrative Attorney Argues That the Client Had Installed Odor Prevention Facilities
The client had already installed odor prevention facilities to reduce the odor.
In addition, the civil complaints in this case were made by residents located about 1km away from the business site, and it was emphasized that the residents near this business site were raising no complaints whatsoever.
4. The Court's Decision on the Daejeon Administrative Attorney's Arguments
The court, accepting the Daejeon administrative attorney's arguments, decided as follows: ‘The disposition denying permission for the waste disposal business that the defendant made against the plaintiff is revoked. The litigation costs shall be borne by the defendant.’
If You Need the Assistance of a Daejeon Administrative Attorney
This case was one in which a client who had received a disposition denying permission for a waste disposal business succeeded, with the assistance of a Daejeon administrative attorney, in revoking the disposition.
Daeryun Law Firm operates an Administrative Group, and specialist attorneys with extensive practical experience and expertise assist clients in matters such as 🔗administrative appeals and administrative lawsuits.
If you require legal assistance in a similar situation, please visit Daeryun Law Firm at any time.
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