제주해군기지 건설사업과 환경영향평가제도 - 대상판결 : 대법원 2012. 7. 5. 선고 2011두19239 전원합의체 판결 -

The environmental impact assessment report submission deadline which is ‘prior to approval of the framework design’ should be interpreted as the ‘framework design’ stipulated in the former Construction Technology Management Act. It is the harmonious interpretation considering the characteristic of the national defense and military installations project, the intent of the Act on National Defense and Military Installations Projects, the former Construction Technology Management Act and the Act on Contracts to which the State is a Party. In this concept, since the environmental impact assessment according to the Environmental Impact Assessment Act was done prior to the approval of the framework design as stipulated in the former Construction Technology Management Act, this does not collide with the Supreme Court’s precedents that the administrative measure is void if the environmental impact assessment is not conducted beforehand. Therefore, the majority opinion of the Supreme Court en banc Decision 2011Du19239 Decided July 5, 2012 is reasonable. Since the objective of the environmental impact assessment system is limited to preserving the environmental interests, protecting the inhabitants’ properties is pursued not by the environmental impact assessment, but by other administrative processes. Thus, misunderstandings that the environmental impact assessment system is a tool to decide whether to implement the development project, the specifics of the projects or reflect the residents’ opinion should be prevised.