Namyangju City Expects a 'Historic Turning Point' in Restoring Residents' Right to Livelihood
Rising Expectations for Comprehensive Overhaul... Major Institutional Reform Anticipated if Ruled Unconstitutional
Namyangju City in Gyeonggi Province (Mayor Joo Gwangdeok) announced on the 25th that the Constitutional Court has set the sentencing date for 2:00 p.m. on the 27th regarding the constitutional petition (2020Hun-Ma1454) demanding the improvement of unreasonable regulations in the Paldang Water Source Protection Area.
Namyangju City is anticipating the restoration of residents' right to livelihood ahead of the constitutional court ruling on Paldang regulations scheduled for the 27th. Mayor Joo Kwangdeok signing. Provided by Namyangju City.
This constitutional petition seeks a constitutional judgment on the infringement of basic rights of residents in the Paldang area, who have endured excessive regulations for half a century under the pretext of protecting the metropolitan area’s water source. There is keen interest in whether this will become a historic turning point in the regulatory system.
This case was filed in October 2020 by residents within the Paldang Water Source Protection Area, citing infringement of property rights, freedom to choose one’s occupation, freedom of residence and movement, and the right to equality. The residents’ appeals, claiming their legitimate rights have been restricted under overlapping regulations for over 50 years, are now approaching a conclusion through the Constitutional Court.
If the court rules the regulations unconstitutional or partially unconstitutional, a comprehensive overhaul of the regulatory system, including Article 7, Paragraph 6 of the Water Supply Act and the Water Source Management Rules, is expected. In particular, key discussion topics are anticipated to include support for residents of the seven cities and counties in the Paldang water system, the easing of unreasonable regulations, and the balanced design of systems between environmental preservation and regional development.
The fact that the Water Source Management Rules, an ordinance of the Ministry of Environment, have imposed regulations exceeding the level of statutory law has been continuously pointed out as a problem. Therefore, the Constitutional Court’s decision is expected to serve as a turning point that could fundamentally change the direction of environmental regulatory policy.
The city has made multifaceted efforts to expedite the review process, submitting eight reference briefs, a petition signature campaign by Namyangju City officials, and an application to set the sentencing date.
In addition, depending on the outcome of the ruling, the city plans to swiftly implement practical follow-up measures in cooperation with the central government and local governments within the Paldang water system to restore residents’ livelihoods and property rights and to establish a rational regulatory framework.
Mayor Joo Gwangdeok stated, "This is an important opportunity for the Constitutional Court to correct the irrationality of the Paldang regulations that have persisted for over 50 years," and added, "I hope the residents’ legitimate voices will be reflected in the constitutional judgment."
He further emphasized, "After the Constitutional Court’s ruling, Namyangju City will work with the government to promote rational institutional improvements that can firmly guarantee citizens’ right to livelihood and property rights." He added, "In particular, we sincerely hope that the will of Namyangju’s 740,000 citizens will be realized through the Constitutional Court’s reasonable judgment."
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