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Major Issues in Administrative Litigation Related to the Environmental Impact Assessment

  • Journal of Environmental Impact Assessment
  • Abbr : J EIA
  • 2025, 34(6), pp.586~602
  • Publisher : Korean Society Of Environmental Impact Assessment
  • Research Area : Engineering > Environmental Engineering
  • Received : November 20, 2025
  • Accepted : December 3, 2025
  • Published : December 30, 2025

Lee Young Soo 1 최현진 1 Ji, Min-Kyu 1 강유진 1 최준규 2

1한국환경연구원
2(주)새봄

Irregular Papers

ABSTRACT

: Social conflicts surrounding projects subject to environmental impact assessment (EIA)have continued, and disputes have arisen concerning the procedures and contents of the EIA process. In response, an analysis of administrative litigation and administrative trial cases related to EIA wasconducted to explore measures for reducing unproductive social conflicts in advance. As a result,seven key issues were identified: ① Disposition of EIA consultations, ② Determining whether a projectis subject to EIA, ③ Plaintiff eligibility, ④ Non-compliance with consultation procedure, ⑤ Inadequateevaluation, ⑥ Abuse or deviation of discretionary power by the approving authority, and ⑦ Effectivenessof EIA consultation. By identifying the details of these issues and taking them into account during theEIA process, unnecessary conflicts can be reduced.

Citation status

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