주유소·LPG·전기차 충전소 인허가 거부·취소, 행정심판과 행정소송으로 구제받는 법

# [제목] Gas Stations, LPG Charging Stations, EV Charging Stations: How to Seek Relief Through Administrative Appeals and Litigation

Have you recently received a denial or cancellation of an energy facility permit? A refusal to open a gas station, rejection of an LPG charging station installation, or cancellation of an EV charging station permit are catastrophic decisions that can completely halt your business plans. However, there are established legal remedies available through administrative appeals and administrative litigation. This article explains the concrete procedures and evidence strategies that actually lead to victory in energy facility permit disputes.

Types of Energy Facility Permit Dispositions and Eligible Remedies

Administrative dispositions related to gas station openings, LPG charging station installations, and EV charging station permits take various forms.

1. Dispositions Related to Gas Station Opening Permits

Gas station opening permits, which are processed according to the Act on Promotion of Use of Oil, Coal, and Electricity and gas station installation standards, include the following dispositions:

- Permit denial

- Conditional permit approval (with additional requirements)

- Permit cancellation

Violations of adjacent distance standards and failure to meet environmental criteria are the main reasons for denial.

2. LPG Charging Station Installation and Permit Standards

According to the Liquefied Petroleum Gas Charging Station Safety Management and Business Act, LPG charging station installations must meet the following requirements:

- Adequate safety distance (distance from adjacent facilities)

- Compliance with capacity and storage facility standards

- Installation of control rooms and safety equipment

Rejections due to failure to meet safety standards or unsatisfactory site requirements are the main sources of disputes.

3. Special Characteristics of EV Charging Station Permits

EV charging station permits are not governed by a single law but are simultaneously subject to regulations from multiple statutes:

- Urban Management Plan Act

- Building Act (building permit)

- Basic Telecommunications Act

- Environmental statutes

Denials often appear in the form of building permit refusals or rejection of designated installation locations.

4. Eligible Remedies for Administrative Dispositions

All denial, cancellation, and rejection dispositions are subject to administrative appeals and administrative litigation.

- Permit denial dispositions

- Permit cancellation dispositions

- Objections to conditional permits

- Approval denial dispositions

- Dispositions refusing mandatory performance

First-Stage Remedies Through Administrative Appeals

Administrative appeals are the first stage of remedies against administrative dispositions and are a mandatory prerequisite procedure (exhaustion requirement) before initiating administrative litigation.

1. Confirming the Deadline for Filing an Administrative Appeal

You must file an administrative appeal within 90 days from the date you receive the disposition (or the date of notification of the disposition).

Key points to note:

- If receiving notification by mail, submit your application early to account for delays

- Retain evidence of disposition notification (registered mail, email, etc.)

- Administrative appeals are not possible after 90 days have passed

2. Identifying the Competent Administrative Appeal Commission

The competent appeal commission is determined based on the agency that issued the energy facility permit disposition.

| Issuing Agency | Competent Appeal Commission |

|---------|-----------------|

| City/Provincial/County/District Office | Administrative Appeal Commission of the Relevant Local Government |

| Central Ministry (such as Ministry of Industry) | Central Administrative Appeal Commission |

| Metropolitan Local Government | Appeal Commission of the Relevant Metropolitan Local Government |

3. Preparing Your Application and Required Documents

When filing an administrative appeal, you must prepare the following documents:

- Administrative appeal request form (online submission available)

- Original disposition or copy

- Evidence of disposition notification (registered mail, email, in-person receipt confirmation, etc.)

- Evidence materials proving the illegality or unreasonableness of the disposition

- Relevant statutes and case law materials

- Documents evidencing damages (business plan, contracts, design drawings, etc.)

Administrative appeals are nearly cost-free and can be filed without professional assistance.

4. Administrative Appeal Procedure

After your submission, the appeal commission proceeds as follows:

- Hearing of parties (setting of appeal hearing date)

- Review and examination of evidence

- On-site inspection if necessary

- Consultation with relevant experts

The appeal decision typically takes 3 to 6 months.

5. Types of Administrative Appeal Decision Outcomes

After an administrative appeal decision, one of the following results will be issued:

- Allowance decision: The disposition is canceled or modified (victory)

- Dismissal decision: The disposition is upheld (administrative litigation may proceed)

- Partial allowance: Condition relaxation or partial cancellation

Pursuing Final Relief Through Administrative Litigation

If you receive a dismissal decision from an administrative appeal or are unsatisfied with the result, you may proceed with administrative litigation.

1. Deadline for Filing Administrative Litigation

You must file administrative litigation within 90 days from the date you receive the administrative appeal decision.

If you proceed directly to litigation without going through administrative appeal, the deadline is 90 days from the date of the disposition notification.

2. Determining the Competent Administrative Court

Energy facility permit-related litigation is filed with the administrative court that has jurisdiction over the location of the agency that issued the disposition.

- EV charging station permit denied by Seoul City → Seoul Administrative Court

- LPG charging station installation denied by Gyeonggi Province → Suwon Administrative Court

- Gas station permit canceled by Gwangju City → Gwangju Administrative Court

3. Documents Required to File Administrative Litigation

Documents to submit to the administrative court are as follows:

- Administrative litigation complaint (court form)

- Copy of administrative appeal decision

- Copy of original disposition

- All evidence materials proving the illegality of the disposition

- Case law and statutory materials supporting legal arguments

- Damage evidence materials if claiming damages

4. Staged Progression of Administrative Litigation

Administrative litigation may proceed through up to three stages, with different strategies at each stage.

Stage 1: First Instance Administrative Court Litigation

- Filing of complaint and submission of defendant's (issuing agency's) response

- Submission of evidence and preparation hearing proceedings

- Parties' arguments and evidence submission in court

- Judgment typically requires over one year

Stage 2: Appeal (if necessary)

- If dissatisfied with first instance judgment, file appeal within 30 days of judgment

- High Court Administrative Division reviews facts and legal principles

- Opportunity to submit additional evidence and supplement arguments

Stage 3: Cassation (discretionary appeal)

- If dissatisfied with High Court Administrative Division judgment, file cassation within 30 days

- Supreme Court reviews only for legal errors

- Facts are not re-examined

Success in administrative litigation hinges on proving the illegality of the disposition.

Major Illegality Grounds Recognized in Energy Permit Disputes

To succeed in administrative appeals and litigation, you must clearly prove the illegality of the disposition. The following illegality grounds are actually recognized in energy facility permit disputes:

1. Arbitrary Interpretation of Standards

When refusing gas station opening permits, agencies sometimes interpret adjacent distance standards or safety distances differently.

- Region A applies 100m standard, Region B applies 150m standard

- Different agencies apply different interpretations of the same statute

- This is recognized as illegality of the administrative disposition and can be overturned

2. Violation of Required Procedures

When an LPG charging station installation permit violates statutory procedures, the disposition itself becomes void.

- Failure to conduct environmental impact assessment

- Omission of public disclosure procedure

- Failure to consult with relevant agencies

- Failure to hold public hearing (when legally required)

3. Error in Factual Finding

When an agency incorrectly determines whether an EV charging station meets technical standards.

- Disposition finding safety distance not met when it actually is met

- Rejection due to misinterpretation of technical standards

- Denial as non-compliant when requirements are already satisfied

4. Violation of Proportionality Principle

When the adverse effects of the disposition are excessive or there is discrimination.

- Permit granted to other applicants with identical requirements, but denied to specific applicant

- Immediate cancellation for minor violations

- Markedly different dispositions in similar cases

Damages Claims and Recovery of Expenses

You can claim damages incurred from the administrative disposition simultaneously.

1. Subjects of Damages Claims

By claiming damages simultaneously with administrative litigation, you can receive both cancellation of the disposition and damages recovery.

- Net operating losses due to delay in business commencement

- Consulting fees, design fees, and investigation expenses incurred to obtain permits

- Damages related to land acquisition payments

- Credit damages or opportunity losses

2. Methods of Proving Damages

To receive recognition of damages, you must prove them with the following materials:

- Business plan and feasibility study report

- Receipts for rental fees, design fees, and consulting fees

- Financial institution loan documents and interest calculation statements

- Similar business profitability materials (comparative analysis)

- Expert appraisal report (damages calculation)

3. Conditions for Success in Damages Claims

Damages are recognized only if there is direct and objective harm resulting from the agency's illegal disposition.

- Proof of illegality of the disposition is mandatory

- Clear causal relationship between damages and disposition

- Concrete proof of damages amount

- Excessive claim amounts may be reduced

Dasiibom Administrative Attorneys' Energy Permit Relief Strategy

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