Suspicion of Breach of Duty in Golf Course New Operator Bidding Process Dismissed as 'No Charges'
[Asia Economy Reporter Hyesook Park] Three executives of Incheon International Airport Corporation, including President Kim Kyung-wook (57), who cut off electricity and water to the 'Sky72' golf course that unlawfully occupied land owned by the corporation, have been brought to trial.
The Criminal Division 3 of Incheon District Prosecutors' Office (Chief Prosecutor Son Jeong-hyun) announced on the 31st that three executives of Incheon Airport Corporation, including President Kim, were indicted without detention on charges of obstruction of business.
President Kim and others are accused of obstructing the business of Sky72 Co., Ltd., the operator of the Sky72 golf course in Unseo-dong, Jung-gu, Incheon, by cutting off electricity and water in April 2021.
At that time, Incheon Airport Corporation cut off electricity and water supply, claiming that although the lease contract for the golf course land ended on December 31, 2020, Sky72 continued to occupy the land without permission and operated the golf course.
A prosecution official explained, "In the ongoing lawsuit (including the real estate delivery lawsuit), the act of Incheon Airport Corporation cutting off electricity on its own constitutes obstruction of business," adding, "The indicted acts were private relief actions taken before the Supreme Court's final ruling."
Incheon Airport Corporation won the final appeal in the 'real estate delivery lawsuit' filed against Sky72 Co., Ltd. in December last year.
Sky72 has been operating a golf course and clubhouse since 2005 by leasing land owned by Incheon Airport Corporation, which was planned as the site for the construction of Incheon Airport's 5th runway.
Incheon Airport Corporation and Sky72 agreed that the contract would end on December 31, 2020, when the 5th runway would be constructed, but the construction was delayed beyond schedule, leading to a legal dispute lasting over two years.
The airport corporation demanded Sky72 vacate the premises, stating the contract period had ended, and notified them to hand over all golf course facilities including the turf and clubhouse. Subsequently, a public bidding was held to select a new golf course operator, and 'KMH Shilla Leisure' (now KX Group) was chosen as the new operator.
In January last year, the airport corporation filed a lawsuit against the operator demanding the return of the land and transfer of ownership. In response, Sky72 also filed a lawsuit seeking reimbursement for the costs invested in the facilities (useful expenses) during their lease of the golf course land.
The first and second trials ruled in favor of Incheon Airport Corporation, dismissing Sky72's claim for useful expenses. The Supreme Court accepted these rulings and confirmed Incheon Airport's victory in December last year.
Meanwhile, the prosecution dismissed allegations of breach of trust raised during the selection process of the successor operator for the Sky72 golf course in 2020.
This case involved Sky72 accusing President Kim and other current and former executives of the corporation of breach of trust, claiming that Incheon Airport Corporation colluded with the successful bidder to cause damage to the corporation.
A similar case, in which another company participating in the operator selection bidding accused President Kim and other current and former executives of breach of trust, has not yet been decided.
A prosecution official stated, "It has not been confirmed that the accused gave benefits to the successful bidder through breach of trust and caused damage to Incheon Airport Corporation," adding, "Other breach of trust-related accusations will also be handled according to procedures."
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