A court dismissed a lawsuit filed by environmental groups seeking to confirm the nullity of the approval of the industrial complex plan for the Yongin advanced system semiconductor cluster national industrial complex, effectively saying the government's approval of the Yongin semiconductor cluster was lawful.
The 14th Administrative Division of the Seoul Administrative Court (Presiding Judge Lee Sang-deok) on the 15th dismissed all of the plaintiffs' claims in the case seeking confirmation of nullity and revocation of the Yongin semiconductor cluster. The court said that even if the climate change impact assessment was partially insufficient, it is hard to see it as rising to the level of being "no different from not conducting a climate change impact assessment," and it is also hard to find that the Minister of Land, Infrastructure and Transport deviated from or abused discretion.
Last year, the government approved the Korea Land & Housing Corporation (LH)'s application for the Yongin semiconductor cluster industrial complex. The approval was made by then Minister of Land, Infrastructure and Transport Park Sang-woo after consultations with then Environment Minister Kim Wan-seop.
Fifteen people, including the environmental group Solutions for Our Climate and residents of the Yongin area, filed a lawsuit against the Ministry of Land, Infrastructure and Transport seeking confirmation of nullity and revocation of the approval. They argued there were problems with the calculation of greenhouse gas emissions and reduction plans required by the Framework Act on Carbon Neutrality, among others.
They first argued that there was a procedural defect because the Ministry of Land, Infrastructure and Transport (MOLIT) omitted indirect greenhouse gas emissions for the 7 GW of externally procured power out of the 10 gigawatts (GW) needed to operate the complex during the climate change impact assessment process. They also said that, regarding the content of the approval, the amount of green hydrogen needed for the plan to co-fire hydrogen at a 3 GW natural gas (LNG) power plant within the complex (co-firing hydrogen with existing fossil fuel-fired generators or boilers such as LNG or coal) exceeds the national supply target and is not feasible, and that the Environment Ministry's conditional consultation was also unjustified.
On the groups' and residents' claims, the court said, "Even if there are some shortcomings in the climate change impact assessment, it is difficult to say that the approval immediately becomes unlawful."
It said it is hard to find defects in the designation of the target area or in the procedure for hearing residents' opinions, and that the method by which the Minister of Land, Infrastructure and Transport re-notified the Environment Minister of the results reflecting the consultation after the approval is permitted by law. The court also said it was difficult to accept the argument that the assessment's content on hydrogen co-firing and the plan to supply 7 GW of power is inconsistent with the national master plan and city/provincial plans.
On whether the Minister of Land, Infrastructure and Transport (MOLIT) abused discretion, the court also found it difficult to acknowledge abuse. It added that, on the premise that there are technical limits to forecasting business feasibility and efficiency, if a plan was drawn up to comply with emission standards under the Clean Air Conservation Act and the greenhouse gas reduction goals and measures under the Framework Act on Carbon Neutrality, and the Environment Minister consulted on it, then the obligation to consider the impacts of hazardous chemical emissions and greenhouse gas emissions should be deemed to have been fulfilled.
However, the court recognized standing—the "lawful qualification to file suit"—not only for residents living within the climate change impact assessment target area, but also for residents living outside the target area. It cited as grounds the fact that the Framework Act on Carbon Neutrality provides for procedural participation rights and rights to access information in relation to the formulation and revision of climate crisis response plans.
The Yongin semiconductor industrial complex is a project to create a national industrial complex specialized in system semiconductors in Namsa-eup, Cheoin-gu, Yongin, Gyeonggi Province, and was finalized in Mar. 2023. Samsung Electronics, whose move-in to the complex has been confirmed, plans to build six semiconductor integrated circuit manufacturing facilities with an investment of about 360 trillion won, a plan finalized by the Ministry of Land, Infrastructure and Transport (MOLIT) in 2024. Recently, some in the government and the ruling party have argued that the semiconductor cluster in Yongin should be moved to Saemangeum in North Jeolla.