The Ministry of Land, Infrastructure and Transport has begun a legal review to determine whether it can cancel the approval for changes to the project implementation plan for the Sewoon District 4 redevelopment in Jongno-gu, Seoul. The move comes after the Ministry of the Interior and Safety named the ministry as the competent authority to supervise the relevant autonomous administrative affair. If illegality is found, the Ministry of Land, Infrastructure and Transport (MOLIT) will demand that the Seoul Metropolitan Government issue a corrective order, and if Seoul and Jongno-gu both fail to comply, it can directly cancel or suspend the approval. The ministry, however, said that "no decision has been made on whether to cancel."
According to materials obtained by ChosunBiz through the National Assembly on the 26th, the Korea Heritage Service recently requested, via the Ministry of Culture, Sports and Tourism, that the Ministry of Land, Infrastructure and Transport (MOLIT) take measures to cancel the approval for changes to the Sewoon District 4 project implementation plan.
The procedure requested by the Korea Heritage Service has three steps. First, the Ministry of Land, Infrastructure and Transport (MOLIT) would order the Seoul Metropolitan Government to issue a corrective order for Jongno-gu to cancel its approval; if Seoul does not comply, MOLIT would then issue a corrective order directly to Jongno-gu. If Jongno-gu still fails to comply, the ministry was asked to directly cancel the approval.
In an official letter, the Korea Heritage Service said, "Jongno-gu published the approval without following the order to proceed with the approval process for changes to the project implementation plan only after completing the world heritage impact assessment and the review and coordination process," adding, "Prompt action is needed because the project operator's follow-up procedures could move forward."
Earlier, the Korea Heritage Service sent two official letters to the Seoul Metropolitan Government requesting a corrective order to cancel the approval against Jongno-gu. However, Seoul rejected the request, saying the head of the Korea Heritage Service is not the Minister of the competent authority as defined in Article 188 of the Local Autonomy Act. Seoul argued that the Ministry of Culture, Sports and Tourism must be the competent authority to raise the issue of whether the approval is illegal.
Sewoon District 4 is a redevelopment project across from Jongmyo, a UNESCO World Heritage site. Jongno-gu approved changes to the project implementation plan on June 18, near the end of the former district chief's term, and published it the next day. The plan raises the maximum height of buildings along Jongno from about 54 meters to 98.7 meters, and along the Cheonggye Stream from about 72 meters to 141.9 meters, developing up to 38 stories.
The Korea Heritage Service has argued that high-rise buildings could damage Jongmyo's historic and cultural landscape and that a world heritage impact assessment must be conducted first. The Seoul Metropolitan Government's position is that Sewoon District 4 lies outside Jongmyo's historic and cultural environment preservation zone, so there is no legal basis to accept the Korea Heritage Service's request.
Recently, the Ministry of the Interior and Safety (MOIS) concluded that, because the disposition in question is an approval of changes to a project implementation plan under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Ministry of Land, Infrastructure and Transport (MOLIT) should be deemed the competent authority. Accordingly, MOLIT received the related official documents via the Korea Heritage Service and the Ministry of Culture, Sports and Tourism (MCST) and began consultations with the Seoul Metropolitan Government and Jongno-gu.
Under Article 188 of the Local Autonomy Act, if a district mayor's disposition violates laws or regulations and the provincial governor or the mayor of a metropolitan city does not issue a corrective order, the Minister of the competent authority may demand that the provincial governor or the metropolitan mayor issue a corrective order. If the provincial governor or the metropolitan mayor does not comply, the Minister of the competent authority may issue a corrective order directly to the district. If even the district fails to comply, the disposition may be canceled or suspended.
An official at the Ministry of Land, Infrastructure and Transport (MOLIT) said, "We received the interpretation from the Ministry of the Interior and Safety (MOIS) that MOLIT is the competent authority and are reviewing the matter," adding, "We are also discussing necessary measures with the Seoul Metropolitan Government and Jongno-gu."
The Ministry of Land, Infrastructure and Transport (MOLIT) is first examining whether Jongno-gu's approval violates laws and regulations related to the world heritage impact assessment. The Korea Heritage Service's position is that the approval, issued without undergoing the world heritage impact assessment process, constitutes a violation of laws and an overreach or abuse of discretion.
Whether Jongno-gu will voluntarily reexamine the approval is another variable. Before taking office, Jongno-gu Chief Yu Chan-jong had asked that the Sewoon District 4 approval process be halted.
An official at the Ministry of Land, Infrastructure and Transport (MOLIT) said, "Even if it reaches the stage of direct cancellation, there are parts that need to be discussed with the Seoul Metropolitan Government and Jongno-gu," adding, "We are reviewing whether there was a legal violation, and no decision has been made on a corrective order or cancellation."