[Asia Economy Reporters Seongpil Jo and Gyumin Oh] It was confirmed on the 30th that Yongsan District Office in Seoul has become embroiled in a legal dispute after designating a large corporation’s directly operated convenience store, located in an unauthorized building, as a tobacco retailer. The poor administration of Yongsan District Office, which has been criticized for exacerbating casualties by neglecting unauthorized buildings during the Itaewon tragedy, is expected to come under scrutiny once again.
According to comprehensive reporting by this outlet, Yongsan District Office designated a large corporation’s directly operated convenience store located in an unauthorized building in Cheongpa-dong as a retailer under the Tobacco Business Act last August, but became the respondent in an administrative appeal this month. Under the current Tobacco Business Act, designation as a tobacco retailer is stipulated to apply only to stores legally constructed. The petitioner in this administrative appeal filed the case against Yongsan District Office, seeking cancellation of the tobacco retailer designation based on relevant laws including this provision.
The Yongsan District Office’s position is that although there are unauthorized parts in the building, the convenience store in question is not registered as a violating building in the building register, so there is no problem with the tobacco retailer designation. A district office official stated, "At the time of designation, the location of the convenience store could not be considered unauthorized or an illegal extension," and added, "The unauthorized parts were used for other purposes such as staff rest areas after the convenience store moved in."
Interpretations from related government agencies and experts differ. In May 2019, the Ministry of Government Legislation issued an authoritative interpretation on a similar case, stating that "the effects of violations occurring in part of a building should be considered to apply to the entire building, and only the parts without violations cannot be separately regarded as legal." The Ministry of Economy and Finance also stated that designation as a tobacco retailer is difficult if the building violates the Building Act, such as being unauthorized. Attorney Hwang Guibin (Samyang Law Firm) pointed out, "Designating a large corporation’s directly operated convenience store as a tobacco retailer with inexplicable preferential treatment could result in tolerating and encouraging unauthorized buildings."
It was also revealed that the district office has not taken any administrative measures such as correction orders or imposition of fines regarding the unauthorized parts of the building. A district office official said, "Administrative measures have been postponed due to the Seoul City plan for inspection and guidance of unauthorized buildings." Despite criticisms that inadequate administrative actions such as forced demolition of unauthorized buildings after the Itaewon tragedy increased casualties, the office continues to maintain a passive stance, shifting responsibility. Currently, District Mayor Park Heeyoung and Deputy Mayor Yoo Seungjae are under police investigation as suspects for poor administration and response related to the Itaewon tragedy last month.
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