Application for Use of Seoul City Park Land for Private Development... Court Rules "Denial Justified"

The court ruled that the decision to deny the application for partial use of Namsan Park land for private development purposes was justified.

Seoul Administrative Court.

According to the legal community on the 11th, the Administrative Division 12 of the Seoul Administrative Court (Chief Judge Kang Jaewon) ruled against Mr. A in a lawsuit seeking to cancel the denial of land use filed against the Director of the Seoul Jungbu Park Leisure Center.

In August 2022, Mr. A acquired half of the 245㎡ forest land in Yongsan-gu, Seoul, and in November of the same year, he applied to use 22㎡ of forest land owned by Seoul City for five years to serve as a passageway for developing the land.

However, the Seoul Jungbu Park Leisure Center stated, "The land in question is administrative property of Seoul City, consisting of retaining walls and green spaces," and "According to the Seoul City Shared Property and Goods Management Ordinance, changing the structure and form of the land, currently composed of retaining walls and green spaces, into a passageway for the applicant's private rights is against the ordinance," and thus denied the application. Mr. A filed an administrative lawsuit in objection.

The court sided with the Seoul Jungbu Park Leisure Center. The bench stated, "Part of the land in question is a sidewalk used by pedestrians, and the rest is part of Namsan Park where green space is established, designated as a quasi-conservation forest area under the Mountainous Area Management Act," and "In particular, the retaining wall installed on the land prevents soil from Namsan Park from flowing out, maintains the sidewalk suitable for pedestrian passage, and plays a role in preserving the natural environment."

Furthermore, the court pointed out, "If land use is permitted, it is expected that Mr. A will demolish the retaining wall and level the ground to create passage to his own land, which could cause soil erosion on the slope of Namsan Park, thereby impairing the function of the sidewalk and the management purpose of the park."

It also judged, "The Seoul Jungbu Park Leisure Center's decision that Mr. A's application for use constitutes a case where the structure and form of administrative property would be altered, potentially hindering its use as administrative property, is not objectively unreasonable nor manifestly unfair according to social norms."