Goheung-gun Requests Reconsideration of Councilor-Proposed Amendment to Relax Floor Restrictions on Apartment Buildings

Inevitable Request for Reconsideration Due to Concerns Over Preferential Treatment and Public Interest Harm

[Goheung=Asia Economy Honam Reporting Headquarters Reporter Lee Hyung-kwon] Goheung-gun, Jeollanam-do (Governor Song Gwi-geun) announced on the 29th that it has requested reconsideration from the county council in accordance with Article 26, Paragraph 3 of the Local Autonomy Act regarding the amendment to the "Goheung-gun County Planning Ordinance," which was passed by council members' proposal at the Goheung County Council.

According to the current Article 28, Clause 4 of the "Goheung-gun County Planning Ordinance," when constructing apartment complexes in the Type 2 General Residential Area, buildings are allowed up to 12 floors. However, on the 22nd, the Goheung County Council amended the ordinance to allow construction up to 15 floors.

The Goheung County Council stated that the reason for relaxing the floor limit for apartment complexes in the Type 2 General Residential Area is the necessity for the influx of outsiders and regional development.

However, the county executive branch holds the position that the amendment by the county council to relax the floor limit to 15 floors for apartment complexes in the "Goheung-gun County Planning Ordinance" is illegal and unjust.

They argue that when enacting or amending ordinances, the basic principle of legislation is that it should be universally applicable to everyone, not limited to specific individuals, specific areas, or certain ranges.

This amendment to the "Goheung-gun County Planning Ordinance" can be seen as violating the "principle of generality of laws" because it applies only to two locations in Doyang-eup within Goheung-gun.

Moreover, the two locations in Doyang-eup where this amendment applies are areas where the developer has already received approval for the housing construction project plan. Therefore, it violates the "principle of prohibition of retroactive legislation" and raises concerns about preferential treatment, as the two project implementers could gain significant economic benefits by increasing the number of households through approval of changes to the project plan after the initial approval, which is against the public interest.

Additionally, increasing the floor limit for apartment complexes from 12 to 15 floors, thereby increasing the number of households, could worsen the residential environment for residents and neighboring communities by causing parking shortages, congestion at entrances and exits, and obstruction of surrounding views, ultimately lowering the quality of life for county residents and harming the public interest.

Therefore, the amendment to the "Goheung-gun County Planning Ordinance" passed by the Goheung County Council can be considered a violation of the promotion of public welfare as stipulated in Article 1 of the Building Act and Article 107, Paragraph 1 of the Local Autonomy Act, or a case that significantly harms the public interest, making it inevitable for the executive branch to request reconsideration.

If the Goheung county executive requests reconsideration of the amended ordinance to the council by the 11th of next month, the Goheung County Council can reapprove it with the consent of two-thirds or more of the total members.

If the amended ordinance is reapproved by the Goheung County Council and notified to the executive branch, the executive branch can file a lawsuit with the Supreme Court in accordance with Article 107, Paragraph 3 of the Local Autonomy Act, raising concerns about potential conflicts between the county council and the executive branch.

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