Jurisdiction Dispute over Incheon Songdo Landfill Settled... Yeonsu-gu Wins Ruling Against Namdong-gu
Supreme Court Rules 11-1 Section Also Belongs to Yeonsu-gu Following 10th Section
"Considering Integrated Management and Equal Educational Benefits"... Ends 5-Year Legal Dispute
Scenery of Incheon New Port in Songdo International City [Photo provided by Incheon Port Authority]
View original image[Asia Economy Reporter Park Hyesook] The legal dispute over the jurisdiction of the reclaimed land in Songdo International City, Incheon, which lasted for more than five years between Yeonsu-gu and Namdong-gu, Incheon, has ended with a ruling in favor of Yeonsu-gu.
According to Yeonsu-gu on the 18th, the Supreme Court recently dismissed the lawsuit filed by Namdong-gu against the Minister of the Interior and Safety, requesting the cancellation of the decision that the reclaimed land section of Songdo 11-1 district belongs to Yeonsu-gu.
The court stated, "District 11 requires integrated management and regulation by Yeonsu-gu, and there is no clear evidence supporting Namdong-gu's claim to use the maritime access routes," thus ruling in favor of Yeonsu-gu.
The court also cited as a reason that if part of Yeonsu-gu, designated as an education internationalization special zone, were assigned to Namdong-gu, residents there would not receive the same educational benefits as other areas, which could lead to public opposition and inconvenience.
Prior to this ruling, in December of last year, the Supreme Court also decided in favor of Yeonsu-gu in a lawsuit filed by Namdong-gu regarding the reclaimed land of Songdo 10 district. As a result, Yeonsu-gu has maintained jurisdiction over the reclaimed lands of Songdo 10 and 11-1 districts after five years of legal battles.
Since 2015, Yeonsu-gu and Namdong-gu have been sharply opposing each other over administrative jurisdiction of the reclaimed lands around Songdo 10 and 11 districts, including Incheon New Port.
Namdong-gu claimed jurisdiction based on arguments of national balanced development and tax revenue disparities, while Yeonsu-gu responded that jurisdiction is reasonable considering the purpose of reclamation of public waters and the effective achievement of the project goals.
As the two local governments each asserted jurisdiction with the support of hundreds of thousands of residents through signature campaigns, the Central Dispute Mediation Committee under the Ministry of the Interior and Safety decided in two plenary sessions in 2015 and 2016 that jurisdiction over part of Songdo 10 district (1.01 million square meters) and Songdo 11-1 district (4.37 million square meters) reclaimed lands belongs to Yeonsu-gu.
In response, Namdong-gu filed an administrative lawsuit against the Minister of the Interior and Safety, arguing that the benefits of the reclaimed land should not be concentrated in one local government. Additionally, Namdong-gu filed a constitutional dispute adjudication claiming infringement of jurisdiction, but the Constitutional Court dismissed it and ruled that the Ministry of the Interior and Safety's decision was not unconstitutional.
In October of last year, the Central Dispute Mediation Committee also decided that jurisdiction over Phase 1, Section 1 of the Incheon New Port hinterland complex belongs to Yeonsu-gu.
With the Central Dispute Mediation Committee and the Constitutional Court consecutively ruling in favor of Yeonsu-gu, and the recent Supreme Court defeat, Namdong-gu’s plan to expand jurisdiction to Songdo has fallen through.
A Yeonsu-gu official stated, "The successive Supreme Court rulings are evaluated as reasonable decisions that comprehensively consider the designation of a unified local government jurisdiction for the development of the Incheon Free Economic Zone Songdo International City, administrative efficiency, and the adjacency of natural terrain and artificial structures such as roads and rivers."
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Yeonsu-gu especially expects that maintaining jurisdiction over the reclaimed land section of Songdo 11-1 district will give momentum to the ongoing development projects in district 11, including the creation of a high-tech industrial cluster by the Incheon Free Economic Zone Authority.
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