"Compliance with Consent or Conditional Consent Required under the Binding Effect of the Administrative Appeals Act"

Officials belonging to the Seoraksan Osaek Cable Car Promotion Committee are holding a press conference urging the installation of an eco-friendly Seoraksan Osaek Cable Car in front of the Blue House Fountain in Jongno-gu, Seoul. Photo by Jinhyung Kang aymsdream@

Officials belonging to the Seoraksan Osaek Cable Car Promotion Committee are holding a press conference urging the installation of an eco-friendly Seoraksan Osaek Cable Car in front of the Blue House Fountain in Jongno-gu, Seoul. Photo by Jinhyung Kang aymsdream@

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[Asia Economy Reporter La Youngcheol] Although the Central Administrative Appeals Commission ruled that the Wonju Regional Environmental Office's 'disapproval' decision regarding the installation of the Seoraksan Osaek Cable Car last year was 'unjust,' there has been little change in the Wonju Regional Environmental Office's stance of 'disapproval,' prompting strong opposition and a firm response from Gangwon Province and Yangyang County.


On the 27th, Gangwon Province and Yangyang County pointed out that "the Wonju Regional Environmental Office unlawfully and unjustly judged the suitability of the site contrary to the purpose of the Environmental Impact Assessment Act and related laws," and demanded, "Cancel the disapproval opinion on the environmental impact assessment, as the discretionary power was abused without providing the legally granted opportunity for additional supplementation."


They further criticized, "Disapproving immediately without granting the legally stipulated opportunity for additional supplementation is an improper decision that misused discretionary power. It is inappropriate to disapprove outright on the premise that the site is unsuitable without weighing the public interest claimed by Yangyang County, such as public welfare and environmental conservation."


They emphasized, "The Wonju Regional Environmental Office must promptly implement a disposition such as consent or conditional consent, not additional supplementation of the environmental impact assessment, in accordance with the ruling of the Administrative Appeals Act's binding force."


However, it has been reported that the Wonju Regional Environmental Office is once again reviewing supplementation, increasing the likelihood of friction and social conflict between the parties.


According to the province, supplementation under the Environmental Impact Assessment Act is merely an administrative procedure (Article 28 of the Act) at the review stage of the assessment report, and the disposition of consultation opinions consists of three types: 'consent,' 'conditional consent,' or 'disapproval' (Regulation Article 17).


Therefore, under the binding force of this administrative appeal, a 'disapproval' disposition is not allowed, and only 'consent' or 'conditional consent' can be given.


Accordingly, Gangwon Province and Yangyang County have stated that if the Wonju Regional Environmental Office requests supplementation, they will seek legal advice and file criminal charges such as abuse of authority against those involved, as well as claim civil damages for project delays.


Additionally, the Eco-friendly Seoraksan Osaek Cable Car Promotion Committee, composed of residents, is also considering requesting a public audit from the Board of Audit and Inspection and demanding disciplinary action against related parties.


Meanwhile, the installation of the Seoraksan Osaek Cable Car was selected by the Ministry of Environment in 2010 as a pilot project to guarantee cultural enjoyment rights for transportation-disadvantaged individuals and as an alternative project to protect the natural environment of the national park. It received approval for the Seoraksan National Park plan change (2015) and cultural heritage alteration permission from the Cultural Heritage Administration (2017).


However, the project was stalled when the Wonju Regional Environmental Office issued a 'disapproval' disposition on the environmental impact assessment consultation results. Since then, Yangyang County and the Wonju Regional Environmental Office have presented differing claims regarding the impact of the Seoraksan Osaek Cable Car installation on flora and fauna, geology, landscape, and safety management.



In response, in November last year, the Central Administrative Appeals Commission, after hearing expert opinions by field and conducting on-site evidence investigations, decided by majority vote that the Wonju Regional Environmental Office's disapproval opinion on the environmental impact assessment was unjust.


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

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