Even after receiving notice that the business plan was deemed appropriate under the Waste Management Act, can a denial of permit be issued?

Hello. This is the corporate attorney at Daeryun Law Firm.

The matter you mentioned is a typical administrative lawsuit case where the legality of a denial of permit after receiving an appropriate notice on a business plan under the Waste Management Act is at issue.

First, according to Article 25 of the Waste Management Act, a business operator wishing to operate a waste treatment business must submit a business plan and undergo an appropriateness review by the administrative agency. If the operator receives an appropriate notice and applies for a permit after equipping the facilities, equipment, and technical personnel according to the business plan, the administrative agency must, in principle, grant such permit.

In other words, the appropriate notice on a business plan constitutes the administrative agency's official judgment that the business operator can rely on in the subsequent permit stage.

If the operator has invested significant costs in reliance on this and has met all the requirements, the administrative agency must respect this absent special circumstances. Otherwise, a violation of the principle of trust protection may be at issue.

In cases like the one you asked about, where a denial of permit is issued after the appropriate notice solely on grounds of resident opposition or public hearing results, transferring the disadvantage to a business operator who has already met legal requirements is highly likely to violate the purpose of the Waste Management Act and administrative law principles.

In particular, if there has been no significant change in the contents of the business plan after the appropriate notice, no violations of other laws such as the Waste Management Act, Clean Air Conservation Act, water-related laws, etc., and all facility, equipment, and technical capability requirements are met, the administrative agency's denial of permit on grounds of discretion is highly likely to be deemed illegal.

In such cases, the illegality of the disposition can be contested through administrative appeal or administrative lawsuit seeking cancellation of the denial of permit for waste treatment business. In practice, there are not a few cases where denial of permit after appropriate notice has been canceled on grounds of violation of the principle of trust protection.

Permit disputes related to the Waste Management Act require comprehensive review of the process from the business plan stage to the permit stage, the administrative agency's judgment process, and the scope of trust interests invested by the business operator. Therefore, it is very important to receive assistance from an attorney experienced in administrative lawsuits from the beginning to establish a response strategy.

If significant damages are occurring due to a denial of permit as in your current situation, it is advisable to accurately analyze the illegality of the disposition and promptly prepare for an administrative lawsuit.

Since the response direction may vary depending on more specific facts, we recommend receiving detailed review through prompt legal consultation.