The Ministry of Land, Infrastructure and Transport has delivered a construction suspension order regarding the "Garden of Gratitude" that the Seoul Metropolitan Government is creating at Gwanghwamun Square.
On the 9th, the ministry stated, "We confirmed that the Garden of Gratitude was being carried out in violation of the National Land Planning and Utilization Act and the Road Act, and, in accordance with the Administrative Procedures Act, we issued a prior notice of a construction suspension order to the Seoul Metropolitan Government today."
The Garden of Gratitude is a symbolic space that the Seoul Metropolitan Government is seeking to create at Gwanghwamun Square to express gratitude to the nations that participated in the Korean War. The plan is to erect 22 granite sculptures of about 7 meters in height above ground, and to repair and improve the existing underground vehicle entrance (ramp) below ground to install a media wall for exhibitions.
The ministry pointed out that if the Seoul Metropolitan Government intends to install symbolic structures above ground within the Garden of Gratitude, it must amend and publicly announce the implementation plan, and that its failure to do so constitutes a violation of the National Land Planning and Utilization Act.
The Seoul Metropolitan Government has maintained that it did not amend the implementation plan in line with administrative practice, on the grounds that it was merely improving the functions of an already completed urban planning facility. However, the ministry took the view that even after the execution of an urban planning facility project has been completed, the implementation plan must be amended when structures are installed, as this goes beyond simple repair and maintenance.
The ministry also concluded that, for the underground space, the city failed to amend the urban management plan and implementation plan for the road and square, and installed facilities without obtaining a development activity permit, thereby violating the National Land Planning and Utilization Act. The Seoul Metropolitan Government’s position is that it has been lawfully promoting the project by obtaining road occupancy permits in accordance with the Enforcement Decree of the Road Act and the ordinances of Jongno-gu, the competent district.
The ministry explained that this disposition was taken in response to the fact that the National Assembly, the media, and others had raised issues about procedural problems in the project. It further stated that it confirmed the illegality after issuing a document submission order on December 17 last year, holding two expert meetings with academics and others, conducting on-site inspections, and engaging in Q&A sessions with officials of the Seoul Metropolitan Government.
In accordance with the Administrative Procedures Act, the ministry has issued a prior notice of a construction suspension order to the Seoul Metropolitan Government and has set a deadline of the 23rd for the submission of opinions.
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