Court: "No Apartment Impact on Jangneung View"... UNESCO Requests 'Joint Inspection'

The court ruled in favor of the construction companies in both the first and second trials regarding the apartments blocking the view of Gimpo Jangneung, a UNESCO World Cultural Heritage site, stating that "the view is not as severely obstructed as the Cultural Heritage Administration fears." Meanwhile, UNESCO has requested a joint inspection, citing concerns that "the value of the World Heritage site could be damaged," sparking anticipated controversy.

The legal battle over the so-called ‘Royal Tomb View Apartments’ began in earnest in 2021. Construction companies such as Daebang Construction, Daekwang ENC, and JS Global built apartments on a residential site in Incheon Geomdan New Town. The issue was that the apartments blocked the view of Gyeyangsan, an important feng shui mountain for Gimpo Jangneung?one of the 40 Joseon royal tombs designated as national cultural heritage and registered as a UNESCO World Heritage site. The Cultural Heritage Administration ordered the suspension of construction on 19 out of 44 apartment buildings, totaling about 3,400 households, stating that "the construction companies built buildings over 20 meters high without the approval of the Cultural Heritage Administration in a historical and cultural environment preservation area."

The construction companies responded with administrative lawsuits. The court first suspended the effect of the suspension order, allowing construction to be completed and residents to move in. The companies also won in the main lawsuit. The first trial court ruled, "The apartments are built more than 200 meters outside the outer boundary of Gimpo Jangneung, so in principle, approval from the Cultural Heritage Administration is not required," adding, "The Ansan (the mountain opposite the site or tomb) of Gimpo Jangneung has already been damaged by other apartments, and the view of the Josan (the large, distant mountain behind the Ansan) of some Joseon royal tombs is also blocked by buildings. There is virtually no additional obstruction of the view. The incomplete scenic view was considered when the site was registered as a World Heritage." The court further stated, "It is difficult to conclude that stopping construction or demolishing buildings would restore the view," and "The suspension order was issued after the apartment framework was already completed. The public benefit gained by demolishing even part of the apartments is minimal, while the damage to the construction companies and residents would be significant," deeming the Cultural Heritage Administration's measures excessive.

The same judgment was upheld in the appellate court. According to the legal community on the 12th, on the 7th, the Seoul High Court Administrative Division 9-1 (Presiding Judge Kim Mooshin) ruled, "The view was already considerably damaged before the World Heritage registration application. The degree of view obstruction caused by the construction and the concerns of the World Heritage Committee alone do not justify prioritizing the public interest of the Cultural Heritage Administration's disposition over the private interests of the construction companies," siding with Daekwang ENC as in the first trial. On the 18th of last month, the Seoul High Court Administrative Division 8-1 (Presiding Judge Jung Chongryeong) ruled in favor of Daebang Construction, stating, "The suspension order was issued more than two years after construction began, and the Cultural Heritage Administration did not express any opinion during that period. It is also difficult to consider the view as a major factor in the World Heritage registration."

Meanwhile, on the 11th, the UNESCO World Heritage Committee requested a joint inspection of the ‘Royal Tomb View Apartments,’ citing concerns that "the value of the World Heritage site could be damaged." The Committee released a draft decision on the ‘Joseon Royal Tombs’ agenda for cultural heritage preservation to be discussed at the 45th session held from the 10th to the 25th of this month on its website. According to the draft, the Committee judged that the feng shui supporting the ‘Outstanding Universal Value’ of Gimpo Jangneung could be negatively affected by the apartment construction. The Committee also referred to the results of an international organization advisory group’s visit to the Gimpo Jangneung area in March, expressing concerns that "similar issues could arise at other cultural heritage sites."

Meanwhile, the Cultural Heritage Administration, which lost to the construction companies in the second trial, recently appealed to the Supreme Court. The cases involving Daekwang ENC and JS Global are expected to follow the same course. The case in which JS Global won in the first trial is awaiting the appellate court’s ruling.