"Pocha Stalls Above Performance Venues Are Also Buildings... Illegal If Not Reported"
[Asia Economy Reporter Seongpil Jo] A court has ruled that a pojangmacha (street food stall) installed on top of a performance venue is considered a building, and therefore its installation without permission is illegal.
According to the legal community on the 16th, the Seoul Administrative Court Administrative Division 11 (Chief Judge Hyungsoon Park) recently ruled against company A, a building management firm, in a lawsuit filed against the Jung-gu District Office of Seoul, requesting the cancellation of a warning order.
The court stated, "The pojangmacha is a structure with walls located on a performance venue fixed to the land, and thus qualifies as a building. The district office's demolition order aims to maintain building order, secure urban aesthetics, and ensure the safety of facility use, which constitutes a significant public interest."
Company A installed a pojangmacha with a total floor area of approximately 85㎡ on the performance facility attached to the building it manages without permission. The court recognized this pojangmacha as a building. According to the Building Act, "structures fixed to the land that have roofs and pillars or walls, along with attached facilities," are defined as buildings.
Accordingly, the court judged that the Jung-gu District Office's administrative execution to demolish the pojangmacha was a lawful procedure.
Previously, company A installed a pojangmacha including aluminum shutters and electrical facilities on the stage of a performance venue adjacent to a shopping mall located in Jung-gu, Seoul, without obtaining building permission or filing a report.
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In July of last year, the Jung-gu District Office ordered a halt to construction and voluntary demolition, citing "damage to surrounding businesses and harm to urban aesthetics." Company A opposed this measure and filed a lawsuit.
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