Daejeon Administrative Attorney's Assistance | Daejeon Administrative Attorney Succeeds in Revoking a Disposition Denying Permission for a Waste Disposal Business

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.

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.

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.

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.

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.