"Closure of US Military Facilities Cannot Be Decided by Resident Referendum" Lawsuit Dismissing Vote on Closure of Facilities in Busan Port Rejected

Busan District Court First Instance Ruling: "SOFA Grants National Authority Over USFK Concession Areas"

Busan District Court. [Image source=Yonhap News]

[Asia Economy Yeongnam Reporting Headquarters Reporter Kim Yong-woo] “Closing U.S. military facilities is not subject to a residents' vote.”

On the 18th, the 2nd Administrative Division of Busan District Court (Chief Judge Choi Yoon-sung) dismissed the plaintiff's claim in the lawsuit filed by the ‘Busan Port U.S. Military Germ Laboratory Closure Residents' Vote Promotion Committee’ against Busan City in December last year, seeking cancellation of the refusal to issue a certificate of representative for the residents' vote petition.

This ruling means that the closure of U.S. military facilities within Busan Port cannot be decided by a residents' vote.

The Promotion Committee, claiming that the U.S. military facility within Busan Port is a germ laboratory, was launched on September 28 last year and has been demanding a residents' vote on whether to close the facility.

The court stated, “The plaintiff argues that the U.S. military facility in Busan Port is directly related to citizens' lives, and that closing the facility is a local government task of Busan City, which has the duty to prevent infectious diseases and disasters, and therefore is subject to a residents' vote. However, considering the SOFA, the ‘Infectious Disease Prevention and Control Act,’ and other related regulations, the closure of U.S. military facilities falls under ‘matters belonging to the authority or affairs of the state,’ and thus cannot be subject to a residents' vote.”

Furthermore, the court said, “According to Articles 4 and 49 of the Infectious Disease Prevention Act and Article 4 of the ‘Framework Act on the Management of Disasters and Safety,’ local governments have the responsibility to prevent and manage infectious diseases and protect citizens' lives, bodies, and property from disasters. However, regarding the closure of the facility in this case, the authority to take measures does not lie with the defendant, Busan City.”

The Promotion Committee has expressed its intention to appeal, so the lawsuit is expected to continue.

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