The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.

The grounds of appeal are examined.

1. Relevant provisions and legal principles

A. According to the Wastes Control Act, a person who intends to engage in the business of collecting, transporting, recycling, or disposing of wastes other than designated wastes among the waste disposal business shall submit a “waste disposal business plan” stating the outline of the business, the installation details of facilities, equipment, etc. prior to the application for permission (Article 25(1)) to the Mayor/Do governor (Article 25(1)). The Mayor/Do governor shall review whether the submitted waste disposal business plan “whether the facilities, equipment, and technical capacity on the waste disposal business plan meet the standards for permission for waste disposal business under Article 25(3)” and “whether the water quality of the water-source protection area under Article 7 of the Water Supply and Waterworks Installation Act has deteriorated due to the installation

(Article 25(2). A person who is notified of conformity with such procedures shall, in principle, obtain a license for waste treatment business with facilities, equipment and technical capacity meeting the standards prescribed by Ordinance of the Ministry of Environment within two years from the date of receipt of such notification.

(Article 25(3) of the Framework Act on Environmental Policy, which refers to Article 25(2)4 of the Wastes Control Act, declares that Article 12(1) of the Framework Act on Environmental Policy explicitly declares that the State has an obligation to establish environmental standards in consideration of the impact, etc. on the ecosystem or human health, and that the State has an obligation to maintain appropriateness in accordance with changes in environmental conditions.

Furthermore, Article 13 of the Framework Act on Environmental Policy is a matter to be considered for the maintenance of environmental standards under the title of “maintenance of environmental standards”, and to prevent environmental pollution and environmental damage caused by the use of new science and technology (subparagraph 1), as a matter of consideration for the maintenance of environmental standards.