[Exclusive] Hamyang County Pushes Ahead with Yongpyeong Public Parking Lot Construction Ignoring Procedures, Legal Community Slams 'Potential Illegality'

Commenced Yongpyeong Public Parking Lot Construction
Immediately After Demolition Work
Without Completion Report or Inspection

The Yongpyeong-ri Public Parking Lot construction project, currently being promoted by Hamyang County in South Gyeongsang Province, has come under fire after it was revealed that the county pushed ahead with the project without making design changes despite additional work arising during the demolition phase, and proceeded with subsequent construction without even conducting a completion inspection. Legal experts have strongly criticized this as "an example of the administration placing itself above the law."

Particularly, as a legal dispute is currently underway regarding additional construction costs incurred during the demolition process, there is growing criticism that the county’s decision to push ahead with the parking lot project undermined both the legality and credibility of the administration.

Aerial perspective image of Yongpyeong Public Parking Lot project in Hamyang County.

◆ Proceeded with 'Zero Design Changes' Despite Additional Work ... "Intentionality Suspected"

According to the investigation, during the demolition work at the Yongpyeong Public Parking Lot site, additional demolition work and a large amount of construction waste, which were not included in the original design, were generated. Nevertheless, Hamyang County proceeded with the project without any corresponding design or contract changes.

As a result, the construction company filed a lawsuit against Hamyang County, claiming that it was not paid fair compensation for the additional work. The case is currently pending in court.

On this matter, an administrative and construction law expert commented, "It is difficult to see the failure to revise the design despite additional work as a simple mistake. There is a possibility that the procedures were knowingly omitted, and this could constitute violations of the National Contract Act, the Local Contract Act, and the Local Finance Act."

◆ Completion Without Inspection? "Legally an 'Incomplete Project'" The controversy does not end there.

It was found that Hamyang County began the parking lot construction immediately after the demolition work, without filing a completion report or undergoing a completion inspection for the demolition phase.

According to the Building Act and the Building Management Act, a completion inspection by the administrative authority is mandatory after demolition work is finished. This is not a mere administrative formality, but a legal act to officially confirm the implementation of safety measures, waste disposal, and the condition of the site.

Legal experts overwhelmingly interpret this as meaning that "the demolition work is not legally considered complete."

An administrative law specialist stated, "If the next phase of construction was carried out without a completion inspection, it means that the subsequent work was performed when the prior work had not been legally established. This could be highly disadvantageous in audits or legal proceedings."

A Hamyang County official admitted that they were aware that proceeding with the demolition work for the Yongpyeong Public Parking Lot project in Hamyang-eup without completion processing could pose legal problems, but justified the decision by saying, "It was an unavoidable choice for on-site safety." There is criticism that citing 'safety' as the reason for ignoring legal procedures amounts to shirking responsibility.

A legal professional remarked, "If there was a registered building in the building ledger, this clearly constitutes a building demolition. Reducing this to mere civil engineering or site clearing is a sophistry that lacks legal review."

Furthermore, given that the demolition work itself is currently the subject of legal proceedings, some point out that "the administrative authority's unilateral declaration that there were no problems and its decision to push ahead with subsequent construction could be seen as an attempt to undermine judicial review."

■ Additional Construction Budget May Ultimately Be a Burden on Taxpayers

If the court rules in favor of the construction company, it is highly likely that the additional construction costs will ultimately be paid out of the county's budget. This could result in local taxpayers bearing the cost for the administration's omission of proper procedures.

A public finance expert criticized, "Proceeding with construction without budget allocation and attempting to settle accounts later based on the outcome of litigation is a direct violation of the principles of public financial management."

■ Excessive Push for Campaign Pledge Project? "Responsibility Lies with the Administrative Head"

The Yongpyeong Public Parking Lot project is known to be one of County Governor Jin Byungyoung’s campaign pledges. As a result, there is a rapidly growing sense of accountability in the local community, with many questioning whether legal procedures were bypassed for the sake of fulfilling a campaign promise.

Legal experts view this case not simply as a construction dispute, but as a serious administrative issue involving ▲the intentional omission of design changes ▲failure to conduct a completion inspection ▲the legality of budget execution ▲and the responsibilities for management and oversight.

A legal professional stated, "Ultimately, this is a matter of who, based on what judgment, and why, omitted the procedures. This is not an issue that can end at the working level; inevitably, the responsibility of the administrative head, that is, the county governor, must be addressed."

■ Audit and Judicial Review Unavoidable ... "An Inevitable Process"

Experts agree that this case will inevitably lead to an administrative audit by the county council, followed by an external audit and judicial review.

Local residents also assert that "the need for a parking lot and the administration's disregard for the law are entirely separate issues," and are demanding a full investigation and accountability for those responsible.