Legitimacy of Ex Officio Cancellation for Public Safety and Interest Reaffirmed
Lee Donghwan: "We Will Thoroughly Prepare for a Supreme Court Appeal... Protecting Citizens' Rights"
Goyang Special City in Gyeonggi Province (Mayor Lee Donghwan) announced on September 1 that it has won an appeal in an administrative lawsuit filed by a specific religious facility, which contested the city’s ex officio cancellation of a change-of-use permit for a religious facility in Pung-dong.
On August 28, the Seoul High Court ruled against the religious facility in the appellate trial of the "lawsuit to cancel the disposition of permit revocation for change of use" filed against the Mayor of Goyang. With this verdict, Goyang Special City has secured victories in both the first trial and the appeal, once again proving the legitimacy and public necessity of its ex officio cancellation decision.
The building in question had applied for a change of use to a religious facility in 2018, but the application was rejected during the architectural review due to parking and safety concerns. However, in June 2023, it was found that an application for a change of use to a religious facility had been submitted under an individual’s name, not a religious organization, and approval was granted by circumventing the architectural review process by targeting only a portion of the building’s second floor.
Once these facts became known in the local community, residents strongly opposed the move and continuously filed complaints, expressing concerns about the impact on safety and the educational environment. Reflecting the residents’ opinions and the public interest of the community, and to correct administrative distrust caused by illegal procedures and deceptive applications, Goyang Special City decided to proceed with the ex officio cancellation.
The religious facility claimed it was "discriminated against because of its specific religion" and filed a lawsuit. However, Goyang Special City argued in court that "the applicant concealed the true nature of the project and deceived the administrative authority during the approval process, which could have a significant impact on the residential and educational environment of the community." The court accepted these arguments and ruled in favor of the city.
The city assessed that this ruling is highly significant, as the judiciary has once again confirmed that the city’s decision to protect public safety and quality of life was justified, helping to resolve community conflicts and alleviate residents’ concerns.
Mayor Lee Donghwan of Goyang Special City stated, "I am very pleased that the court has recognized the legitimacy of the city’s proactive administration even at the appellate level," adding, "Since there is still a possibility that the case may be appealed to the Supreme Court, we will thoroughly prepare for any legal proceedings to protect the safety and rights of our citizens." He further emphasized, "Goyang Special City will continue to place the highest value on residents’ quality of life and do its utmost to serve the public interest through its administration."
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