Court Dismisses Stay of Execution on Sanhwang-dong Golf Course Approval Notice
Legitimacy of Goyang City's Administrative Disposition Confirmed; Administrative Effect Remains in Force
Uijeongbu District Court: "No Irreparable Harm or Urgent Need Demonstrated"
Goyang City: "Administrative Disposition Verified Over 10 Years; Will Respond Diligently to Main Lawsuit"
The Uijeongbu District Court (1st Administrative Division) has dismissed the application for a stay of execution regarding the approval notice for the expansion of the Sanhwang-dong golf course. As a result of this decision, the administrative disposition by Goyang City remains fully effective.
Goyang Special City (Mayor Lee Donghwan) announced on the 14th that the court had dismissed the application for a stay of execution filed by seven residents of Sanhwang-dong on October 13. The application was part of a lawsuit seeking to nullify the designation of the urban planning facility (sports facility - golf course) project operator and the approval notice for the implementation plan.
This case originated on August 28, when some residents demanded a suspension of the approval, arguing that the golf course lacked public interest and that there were violations in the administrative procedures. However, the court stated in its decision, "Based on the submitted materials alone, it is difficult to conclude that irreparable harm would occur or that there is an urgent need to prevent such harm," and dismissed the application for a stay of execution.
Accordingly, the approval procedure for the expansion of the Sanhwang-dong golf course (from 9 holes to 18 holes), which was announced by Goyang City on June 17, remains valid and effective.
An official from the city stated, "This court decision partially recognizes the legitimacy of the administrative disposition carried out by the city in accordance with laws and procedures," adding, "However, as the main lawsuit is still ongoing, we will respect the judiciary's decision and respond responsibly based on the facts and legal principles in the future."
Meanwhile, the Sanhwang-dong golf course expansion project received approval for changes to the Green Belt Management Plan from the Ministry of Land, Infrastructure and Transport in 2014, after passing through a demand survey and internal review by Gyeonggi Province, a public announcement of the proposal, and an application for approval since 2011. Subsequently, both the strategic and main environmental impact assessments were completed, and this year, the re-consultation process was finalized, completing all related administrative procedures.
In addition, the requirements for designating the project operator (consent from more than two-thirds of the land area and more than half of the total landowners) were met, allowing the approval notice to proceed. In 2019, the same issue was also concluded as 'dismissed' in a public interest audit by the Board of Audit and Inspection.
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