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Research Reports
Improving the Environmental Impact Assessment System through Administrative Litigation Case Analysis
Ⅰ. Background and Aims of Research
o The level of people’s satisfaction with the environment and their quality of life is increasing, and society is changing rapidly. In addition, interest in environmental impact assessment of large development projects is also increasing.

o As a result, there is an increasing number of requests for administrative litigation or administrative trials against approval agencies or consultative agencies (Ministry of Environment) for projects that have completed environmental impact assessment consultations. As a result, unnecessary administration and budget are required and social conflict is intensifying.

o This study was conducted to examine the detailed issues of administrative litigation or administrative trials for plans and projects subject to evaluation that have completed (strategic, small) environmental impact assessment consultations, and to seek ways to improve the system to prevent such cases from proceeding to administrative litigation in the future.

Ⅱ. Main Issues in Administrative Litigation
o According to the analysis of the administrative litigation and administrative trial precedents, it was confirmed that there were eight issues.

1. Disposition of environmental impact assessment consultations
o Until 2019, the rulings were based on the principle that the “consultation of the consultative agency (Ministry of Environment) of the Environmental Impact Assessment is only an internal decision-making process between administrative agencies and does not regulate specific rights, obligations, or legal relations of the people, so i