"Yongin Gogi-dong Social Welfare Facility's 'Construction Vehicle Operation Restriction' Is Legal"

Gyeonggi-do Administrative Appeals Committee Dismisses Business License Cancellation Request
"Imposing New Obligations on Businesses Is Not a Restriction of Rights"

The Gyeonggi Provincial Administrative Appeals Commission has ruled that the restriction on construction vehicle operation imposed by Yongin City in August last year on the 'social welfare facility (senior welfare housing)' project in the Gogi-dong area of Suji-gu, Yongin City, is lawful.

According to Yongin City on the 24th, the Gyeonggi Provincial Administrative Appeals Commission recently dismissed the cancellation claim filed by Company A, the project implementer of the Gogi-dong social welfare facility, against Yongin City regarding the notice restricting construction vehicle operation.

The project site where the city restricted construction vehicle operation is the social welfare facility located at San 20-12, Gogi-dong, Suji-gu. Company A is promoting the construction of 13 buildings with 963 units, ranging from three basement floors to 15 above-ground floors, on a site of 185,235 square meters in this area.

Previously, Company A submitted a construction plan report in August last year, but the city notified that construction vehicle operation would be restricted until traffic congestion and pedestrian safety measures caused by construction vehicles were established. If the construction vehicle operation plan is not negotiated, construction vehicles cannot operate outside the project site. If the project owner operates construction vehicles outside the site without consultation with the city, administrative measures such as suspension of construction may be imposed according to relevant laws.

At that time, Company A submitted two construction vehicle operation plans, but due to the denial of development activity permission by the adjacent local government, Seongnam City, and opposition from residents concerned about traffic congestion and pedestrian safety accidents, progress was impossible. Subsequently, in November last year, Company A filed a cancellation claim with the Gyeonggi Provincial Administrative Appeals Commission against the city's notice.

The Gyeonggi Provincial Administrative Appeals Commission explained the reason for dismissal, stating, "The restriction on construction vehicle operation was already imposed on the claimant during the Building Committee review in 2018 and the implementation plan approval stage in 2019, so the city's restriction notice does not impose new obligations or limit the claimant's rights." This means it is not subject to administrative appeal.

The commission further added that since Yongin City's notice requests the project implementer to establish a solution to the local residents' opposition to construction vehicle operation and renegotiate, it does not appear to cause any changes to the rights or obligations of the project implementer.

Lee Sang-il, Mayor of Yongin City, said, "To minimize the damage residents may suffer from construction vehicle operation, the city will continuously require the project implementer to devise solutions."

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