Final Decision by the Central Administrative Dispute Mediation Committee of the Ministry of the Interior and Safety
End of the Transfer Dispute Between Gyeonggi Province and Paju City
The long-standing conflict between Paju City and Gyeonggi Province over the transfer of Jayuro Service Area, which has lasted for more than 10 years, has finally come to an end. On April 18, the Central Administrative Dispute Mediation Committee of the Ministry of the Interior and Safety issued its final decision regarding the ownership of Jayuro Service Area and the change of road district, deciding that Paju City would secure the right to manage and operate the service area.
The Central Administrative Dispute Mediation Committee approved a mediation plan with the following main points: ▲Gyeonggi Province will transfer the Jayuro Service Area (including the gas station) buildings to Paju City free of charge; ▲Paju City will implement the decision to change the road district; ▲Gyeonggi Province will agree to this and cooperate with the administrative procedures. In addition, Gyeonggi Province cannot make any monetary claims for compensation, rent, or unjust enrichment regarding the use of the land. The contractual position of Gyeonggi Province in the consignment agreement for the Jayuro Service Area will also be succeeded by Paju City.
With this decision, Paju City has regained its status as the road management authority for the Jayuro Service Area and has secured a foundation to take a leading role in the management and operation of the road and service area going forward.
Paju City and Gyeonggi Province have long been in conflict over whether the Jayuro Service Area constitutes an accessory to the road. Paju City has maintained that the omission from the topographic map notification is invalid, that the service area still constitutes a road accessory, and has insisted on free attribution or free transfer.
On the other hand, Gyeonggi Province has argued that the facility is not a road structure, so it is not subject to free attribution negotiations, and that any free transfer would require a review by the provincial council as a shared asset and should be purchased for a fee.
In response, the Central Administrative Dispute Mediation Committee held five working-level mediation meetings and, after comprehensively considering authoritative interpretations from the Ministry of Land, Infrastructure and Transport and the Ministry of Government Legislation, as well as the actual operation of the service area, produced a mediation plan. Although the service area is not recognized as a road accessory in the topographic map notification, the committee concluded that, in reality, it has continued to function as a service area for road users. Therefore, the decision was made to resolve the inconsistency between the law and practical circumstances.
In particular, the committee determined that the free transfer of the building is justified, noting that since 2011, even after Paju City became the road management authority for National Route 77, Gyeonggi Province continued to manage and operate the Jayuro Service Area in practice, and the rental and interest income it earned exceeded the appraised value of the building.
Kim Kyoungil, Mayor of Paju City, stated, "This decision is a reasonable outcome, and I am deeply grateful to the Central Administrative Dispute Mediation Committee for their wise judgment. We will work to quickly conclude discussions with Gyeonggi Province and make every effort to ensure that the Jayuro Service Area becomes the gateway to Paju City and a symbolic space representing northern Gyeonggi Province."
Mayor Kim also emphasized, "The Jayuro Service Area is an important base that can play a key role in the major development of northwestern Gyeonggi Province and will contribute to revitalizing the local economy."
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