"Refusal to Move 360-Year-Old 'Ppurigipeunnamu' Is Legal"

[Asia Economy Reporter Moon Chaeseok] On the 29th, it was ruled that Seoul City's refusal to relocate a 360-year-old tree designated as a protected tree due to infringement of property rights by a reconstruction association was lawful.

The Central Administrative Appeals Committee under the Anti-Corruption and Civil Rights Commission announced that Seoul City's decision to reject the reconstruction association's request to transplant the protected tree within the complex or to cancel its protected status, claiming it hindered space usage during reconstruction, was not illegal.

According to the Commission, a reconstruction association of an apartment in Seoul requested Seoul City to transplant or cancel the designation of a protected tree over 360 years old within the complex, stating that the tree made underground space usage difficult and might die due to poor growth.

Under the Forest Protection Act, relocating trees designated as protected, such as old trees, is only allowed when the land is used for public purposes or when the tree poses a threat to residents' life or body. Cancellation of protected status is limited to cases where the tree is lost due to natural disasters.

Seoul City refused the reconstruction association's request, stating it has an obligation to safely manage the protected tree at its current location. The reconstruction association filed an administrative appeal with the Central Administrative Appeals Committee, claiming Seoul City's decision was illegal.

The Committee ruled in favor of Seoul City, stating that the reconstruction association had approved a project plan to maintain and utilize the protected tree at its current location, and that limited space usage does not constitute grounds for transplantation.

Considering expert opinions that relocating an old protected tree could adversely affect its growth, the Committee determined there is no obligation to transplant the tree or cancel its protected status.

Kim Myungseop, Director of the Administrative Appeals Division of the Central Administrative Appeals Committee, said, "Development and protection are values that coexist," and added, "With this decision, we hope that the protected tree with over 360 years of history will be preserved without damage and maintained at its current location as intended during the apartment reconstruction project."

This content was produced with the assistance of AI translation services.