Songpa-gu Files Administrative Dispute Against Cultural Heritage Administration... Why?
▲Safety issues arising from housing aging, infringement of the right to life and pursuit of happiness
▲Restriction on residents' property rights due to designation of preservation management zones
▲Unilateral promotion of the Cultural Heritage Administration’s comprehensive plan for Pungnap Toseong preservation and management is problematic
Songpa-gu, Seoul, announced on the 16th that it has filed a jurisdictional dispute petition with the Constitutional Court regarding the Cultural Heritage Administration’s establishment and announcement of the ‘Comprehensive Plan for Pungnap Toseong Preservation and Management.’
Songpa-gu stated, "Safety issues caused by aging housing in the residential areas inside Pungnap Toseong are becoming serious, and residents’ fundamental rights such as property rights have been restricted for a long time. The Cultural Heritage Administration has infringed on the mutual cooperation and consultation authority with Songpa-gu under the Pungnap Toseong Special Act and unilaterally established and announced the comprehensive preservation and management plan and designated preservation management zones in January and February of this year. We must receive a legal judgment on these actions." Songpa-gu demands that while the presumed fortress wall area be designated as a preservation and management zone, the residential areas inside the fortress be exempted from such designation.
Songpa-gu is requesting the Cultural Heritage Administration to allow construction only within 2 meters underground in Preservation Area III of Pungnap Toseong, remove various regulations that hinder property rights such as trial excavation and excavation investigations when building in Area V, and devise measures that allow residents and cultural heritage to coexist.
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Songpa-gu claims that the Cultural Heritage Administration has infringed on the authority to handle autonomous affairs related to ▲‘establishment and implementation of regional development project plans’ and ‘building permits and related tasks’ under the Constitution and the Local Autonomy Act, and ▲the mutual cooperation and consultation authority under the Pungnap Toseong Special Act by not reflecting the opinions submitted by the district during the comprehensive plan establishment.
Seogang-seok, Mayor of Songpa-gu, said, “The property rights and the right to pursue happiness of Pungnap-dong residents who have sacrificed for a long time to protect Pungnap Toseong must also be protected. Cultural heritage excavation and preservation should proceed in harmony with the lives of local residents.”
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