South Korea's top court orders Seoul govt to pay fee for Gyeongui Line Forest Park
Seoul, Aug 12
South Korea's Supreme Court on Wednesday upheld a lower court ruling that ordered the Seoul city government to pay usage fees to the national railway authority for a public park built over a railroad.
The top court made the ruling in a lawsuit filed by the Seoul city government seeking to nullify a usage fee of 42.1 billion won (US$29.8 million) imposed by the Korea National Railway, a public entity affiliated with the transport ministry, for the use of the Gyeongui Line Forest Park site.
The court said it is difficult to recognise that the Seoul city government has the right to occupy or use the park site free of charge or that it holds a legal position to justify such occupation or use, reports Yonhap news agency.
Gyeongui Line Forest Park, a 6.3-kilometre linear public park in the western ward of Mapo, was built between 2008 and 2016 over former above-ground railroad tracks after portions of the Gyeongui Line were moved underground. Due to its popularity, the park is also dubbed "Yeontral Park."
In 2010, the Seoul city government and the Korea National Railway signed an agreement on the former's free use of the state-owned land.
But problems arose in April 2011, when the Enforcement Decree of the State Property Act was revised to outlaw free lease of state-owned land for more than one year.
The Korea National Railway did not renew the permit for free use of the park land and imposed 42.1 billion won in state property usage fees for the period from November 2020 to May 2023, prompting the Seoul municipality to launch the lawsuit in February 2021.
A district court ruled in favour of the Seoul city government in 2024, but an appellate court overturned the ruling in February.
— IANS
Reader Comments
The rule change in 2011 seems to be the crux of the issue. When agreements are made, both parties should honour them, but laws change. In India, we see similar disputes over land use between state and central agencies. The court's decision to uphold the fee seems fair if the law is clear, but I wonder about the impact on public spaces. Parks are essential for city dwellers, especially in crowded cities like Seoul or our own metros.
This is a classic case of bureaucratic stubbornness. The park has been there for years, people love it, and now they want to charge for it? In India, we often see such issues with property taxes or land use fees, but the government should prioritise public welfare over revenue. That said, from a legal perspective, if the law was changed, the Seoul government should have renegotiated. Hope they find a way to keep the park accessible.
It's a nice park, but rules are rules. The Seoul government should have been more prudent when the law changed. In India, we have similar issues with land acquisition and public infrastructure. The fee seems high, but the court has spoken. Maybe the city can appeal or negotiate a payment plan. But honestly, making public parks pay for themselves is a tricky balance between development and community needs.
Interesting legal dispute. Reminds me of similar cases in the US where cities and federal agencies argue over land use. The key here is the change in law. If the law now prohibits free lease of state land, then the Seoul government should comply. It's a lesson for all municipalities: always stay updated on legal changes. The park is lovely, though being a traveller, I've seen it. Hope they resolve this amicably.
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