Court Rules "Daegu Islamic Center Construction Suspension Order Is Illegal"... Supports Building Owner

"Order to Stop Construction Due to Collective Complaints Deemed Illegal Disposition"

Press Conference on Suspension of Construction of Islamic Temple
[Image Source=Yonhap News]

[Asia Economy Reporter Yoon Seul-gi] Amid ongoing conflicts between the building owners and residents regarding the construction of an Islamic temple in Daehyeon-dong, Buk-gu, Daegu, the court has ruled in favor of the building owners.

The Administrative Division 1 of Daegu District Court (Chief Judge Cha Kyunghwan) on the 1st ruled in favor of the plaintiffs, eight Islamic temple building owners, in their lawsuit against the head of Buk-gu Office seeking cancellation of the construction suspension order.

The court stated, "Buk-gu Office's suspension of construction was procedurally illegal as it did not provide prior notice or an opportunity to submit opinions as stipulated in the Administrative Procedures Act, and it failed to specify the legal basis and grounds for the order," adding, "Ordering the suspension of construction based on collective complaints without legal grounds violates the principle of rule of law administration."

Earlier, the Islamic temple building owners decided to construct an Islamic temple in a residential area of Daehyeon-dong, Buk-gu, Daegu, and obtained permission from Buk-gu Office in September last year, starting construction in December of the same year. However, nearby residents filed collective complaints citing noise issues, and Buk-gu Office issued a construction suspension order in February.

The building owners opposed this by filing a provisional injunction to suspend the enforcement of the construction suspension order along with a cancellation lawsuit. The court accepted the provisional injunction in July.

The National Human Rights Commission also conveyed an opinion to the head of Buk-gu Office in October this year, stating, "Since the suspension of the Islamic temple construction can be seen as without reasonable grounds, it is desirable to take necessary measures to resume construction."

The Justice Party Daegu City Branch issued a statement on the same day, saying, "We sincerely welcome the court's decision to revoke discriminatory administrative measures," and urged, "Buk-gu Office should take active administrative measures to ensure the smooth resolution of the construction and responsibly ensure that the Islamic temple is built peacefully."