The Ministry of Land, Infrastructure and Transport said it confirmed that the "Garden of Gratitude," which the Seoul city government is creating in Gwanghwamun Square, was carried out in violation of the National Land Planning and Utilization Act and the Road Act, and on the 9th gave prior notice to Seoul of an "order to suspend construction of the Garden of Gratitude project" under Article 21 of the Administrative Procedures Act. The city said it "will continue to consult with the government."
The Garden of Gratitude is a symbolic space that the Seoul city government is seeking to create in Gwanghwamun Square to express gratitude to the countries that participated in the Korean War.
According to the Ministry of Land, Infrastructure and Transport, the measure was taken after the National Assembly (the 430th extraordinary session) and the media raised issues with the Garden of Gratitude project. After an order to submit materials on Dec. 17 last year, the ministry confirmed illegality through two expert meetings (eight participants from academia, research institutes, and industry), an on-site inspection on Jan. 27, and a Q&A with Seoul city officials on Jan. 28.
The Garden of Gratitude is a facility being created at 172 Sejong-daero (Gwanghwamun Square), which has been designated as an urban planning facility as both a road and a square (overlapping designation). The plan calls for installing 22 symbolic sculptures about 7 meters high above ground, and, underground, renovating the existing underground vehicle entrance (ramp) to install an exhibition space (the space of gratitude) including a media wall. The project period runs from April 2024 to this April.
The Seoul city government initially envisioned sculptures such as a large Taegeukgi and an unquenchable flame, but prepared the current project concept through a public contest in January. It then modified parts of the project plan, obtained a road occupancy permit from the Jongno District Office, filed a structure erection notification for the above-ground sculptures, and began the project.
Because the Garden of Gratitude is being implemented on a site designated as an urban planning facility, the legality review was conducted from the perspective of compliance with the National Land Planning and Utilization Act. First, in the case of the above-ground symbolic sculptures, Articles 88 and 91 of the act require that when installing sculptures in an urban planning facility, the execution plan must be revised and publicly announced, but this was not carried out.
In response, the Seoul city government's position is that it did not revise the execution plan as a matter of practice because it was improving the functions of an already executed (created) urban planning facility. However, even after the execution of an urban planning facility project is completed, when installing structures rather than performing simple repairs or maintenance, the execution plan must be revised.
In addition, no buildings other than that urban planning facility may be installed on a site designated for an urban planning facility; by exception, they may be installed with a development activity permit. For the underground space, the Seoul city government's position is that it is proceeding lawfully by obtaining a road occupancy permit under Article 55(12) of the Enforcement Decree of the Road Act and the Jongno-gu local government ordinance.
However, underground shopping areas and basements should apply subparagraph 5 of Article 55 of the Enforcement Decree, not subparagraph 12; in that case, as buildings under the Building Act, they require a change to the urban management plan under Article 61(1) of the Enforcement Decree of the National Land Planning and Utilization Act to set the spatial scope so that the scope of the urban planning facility (road) within the urban planning facility site (road site) is limited to the above ground (Article 61(1) of the Enforcement Decree of the National Land Planning and Utilization Act), but this was not carried out.
Also, because the site is a square, even if the project can proceed with a road occupancy permit, a change to the urban management plan for the square is required.
Separately from the above, the execution plan for the road and square was not revised, and although a development activity permit should have been obtained from the Jongno District Office, this was not carried out.
In conclusion, by installing facilities in the underground space without changes to the urban management plan and execution plan for the road and square and without a development activity permit, the project violated Articles 56, 64, and 88 of the National Land Planning and Utilization Act; and by failing to first change the urban management plan to install a basement with a road occupancy permit, it violated Article 61 of the Road Act.
As a result, consultations with relevant administrative agencies, including gathering residents' opinions and conducting a disaster impact assessment, which should have been conducted during the process of changing the management plan and execution plan, were omitted.
Accordingly, the Ministry of Land, Infrastructure and Transport (MOLIT) gave prior notice to the Seoul city government under Article 133 of the National Land Planning and Utilization Act that it "will order a suspension of construction until procedures under the relevant laws are carried out," and granted a deadline for submission of opinions until the 23rd.
In addition, even during the construction suspension period, it plans to request thorough safety management for visitors to Gwanghwamun Square and nearby events, including "installing safety fences, securing separation distances between the site and visitors, and deploying safety personnel."
In a statement that day, the city explained, "Under the National Land Planning and Utilization Act, the authority to establish and implement urban management plans related to Gwanghwamun Square rests with the mayor of Seoul," adding, "The city has carried out procedures accordingly."
It added, "The city will continue to consult with the government to ensure the safe creation of Gwanghwamun Square, where the history and identity of the Republic of Korea are alive."