Aekyung Industrial filed a constitutional appeal claiming that there were unconstitutional elements in the special law on humidifier disinfectants, which allows the company to collect unlimited damages.
According to the legal community on the 14th, Aekyung Industrial recently submitted a constitutional appeal to the Constitutional Court, claiming that the special law on humidifier disinfectants does not specify the total amount of contributions that companies must pay, so it must bear an endless burden of financial resources.
18 companies, including humidifier disinfectant operators and raw material operators, including Aekyung Industrial, Oxy, and SK Chemicals, shared a share of 125 billion won worth of contributions in accordance with the special law. When the contribution resources ran out, the Korea Environmental Industry and Technology Institute, which had been entrusted with the work by the Ministry of Environment, reimposed the contribution in the same amount, and Aekyung Industrial paid an additional KRW 10.745 billion. Aekyung filed a lawsuit against the Korea Environmental Industry and Technology Institute to cancel the imposition of additional contributions and won in the first trial, but the request for an unconstitutionality trial was not accepted.
Aekyung Industrial estimated that if the Ministry of Environment were to request additional contributions from companies without any period or frequency limit based on the special law, it would have to pay a total of about 2 trillion won more by 2100. Aekyung Industrial said, “We won the case because the abuse of the administrative agency’s discretion was recognized in the process of calculating the contribution, but we did not recognize the unconstitutionality of the special law, so we filed a constitutional appeal this time.”
Reporter Jeong Seo-young [email protected]
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