폐기물처리업의 영업구역제한에 관한 일고찰 ― 폐관법 제25조 제7항 단서를 중심으로 ―

The clues to Article 25, Paragraph 7 of the Waste Management Act are explicit regulations that prohibit restrictions on business areas, such as restrictions on carrying in waste. Although there is no direct precedent for this, the Supreme Court explicitly recognizes that Article 25, Paragraph 7 of the Waste Management Act is a regulation on business area restrictions. In a recent sub-judgment, Article 25 of the Waste Management Act was reported as a general regulation on permission for waste treatment business, and the management authority under the Industrial Cluster Act had broad discretion on the operation and management of the industrial complex. However, in consideration of related laws and regulations, waste treatment companies within the industrial complex may also be regulated according to the industrial complex management authority's extensive management practices according to the Industrial Collective Law. However, it is reasonable to interpret that the industrial complex management authority cannot only limit the business area. Such lower-level trial precedents are evaluated as a representative case that damaged legal stability by causing confusion in the actual legal system. However, the provisions of the proviso of Article 25, Paragraph 7 of the current Waste Management Act, which prohibits restrictions on business areas such as the prohibition of bringing in waste to the industrial complex, can no longer be justified on the basis of the reality of waste disposal such as lack of landfill. From the perspective of residents, they are filing civil complaints such as legislative improvement, claiming that the surrounding environment is deteriorating due to the introduction of waste from other areas. Nevertheless, attempts to amend the legislation to restrict entry into the industrial complex continue to date, but it is difficult to expect a legislative passage. The reason is that even though most of the waste landfill facilities are located in the industrial complex, if the import of waste outside the industrial complex is restricted, there will be an absolute shortage of facilities that can treat the waste outside the industrial complex, which is about 70% of the treatment capacity. In relation to the operation of waste treatment plants in the industrial complex, it is necessary to improve the legislation more faithfully to the principle of priority treatment in waste generating areas as a future countermeasure. However, it is a principle to limit the scope of the import of waste to metropolitan cities and provinces, and to prohibit the import of waste from other cities and provinces through future revision of the law. Furthermore, considering residents' complaints regarding waste disposal, such as bringing in waste, and social publicity of waste disposal, it is necessary to actively review the public operation plan of the waste disposal facility.