Yang Seung-jo, Governor of Chungcheongnam-do (third from the left), held a press conference at the Chungnam Provincial Office on the 4th and expressed regret over the Supreme Court's dismissal ruling regarding the landfill litigation of Dangjin and Pyeongtaek ports. Photo by Chungnam Province
[Asia Economy (Hongseong) Reporter Jeong Il-woong] Chungnam Province and the local community have expressed strong regret over the Supreme Court’s ruling in favor of Gyeonggi Province in the lawsuit concerning the reclamation areas of Dangjin and Pyeongtaek Ports.
According to Chungnam Province on the 5th, the Supreme Court dismissed the province’s request to cancel the Ministry of the Interior and Safety’s decision that assigned most of the Dangjin and Pyeongtaek Port reclamation areas to Pyeongtaek, Gyeonggi Province.
The jurisdictional dispute over the Dangjin and Pyeongtaek Port reclamation areas was triggered by the revision of the Local Autonomy Act in 2009.
The revision allowed the Minister of the Interior and Safety to set the maritime boundary standards for reclamation areas, and based on this, Gyeonggi Province and Pyeongtaek City requested a readjustment of the boundary line for the reclamation area, sparking the dispute.
Subsequently, in 2015, the Ministry of the Interior and Safety delineated the boundary line by assigning 282,760㎡ (29%) inside the embankment of the total 962,350㎡ reclamation area to Dangjin City’s jurisdiction, and 679,589㎡ (71%) outside the embankment to Pyeongtaek City’s jurisdiction. As a result, a significant portion of the reclamation area previously under Dangjin City’s jurisdiction was reassigned to Pyeongtaek City.
In response, Chungnam Province filed a lawsuit against the Ministry of the Interior and Safety to cancel the jurisdictional adjustment of the reclamation area, but the Supreme Court did not accept it.
The court ruled that the revision of the Local Autonomy Act in 2009 abolished the customary law-based standards for jurisdictional boundaries of reclamation areas, and at the time of boundary readjustment, the Minister of the Interior and Safety did not issue an illegal disposition by abusing or exceeding discretionary authority.
However, the province and local community find it difficult to readily accept the Supreme Court’s decision (dismissal).
Immediately after the Supreme Court ruling, Governor Yang Seung-jo held a press conference with Kim Myung-seon, Chairman of the Chungnam Provincial Council, Kim Hong-jang, Mayor of Dangjin, Kim Jong-sik, Chairman of the Pan-Provincial Countermeasure Committee, and Park Young-gyu, Co-Chairman of the Dangjin Countermeasure Committee, to officially express regret.
At the event, Governor Yang said, “The truth that the sea filled by Chungnam belongs to Chungnam land has collapsed today,” and added, “We cannot help but express deep regret over the Supreme Court’s ruling, which goes against common sense.”
He continued, “As a governor who must accept the judiciary’s judgment and decision, I feel devastated,” and pointed out, “There is also regret wondering what the outcome would have been if Chungnam had applied for jurisdiction over the reclamation area before Pyeongtaek City after the 2009 revision of the Local Autonomy Act.”
Meanwhile, Kim Hong-jang, Mayor of Dangjin, criticized, “It is difficult to understand logically that the administrative jurisdiction existing over public waters disappears the moment the area is reclaimed,” and questioned, “Considering this ruling, how can any local government cooperate with national reclamation projects when there is a risk of losing land at any time?”
On the other hand, the Supreme Court ruling was made through a single-instance system the day before, and Chungnam Province can no longer file any legal lawsuits related to the Dangjin and Pyeongtaek Port reclamation areas.
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