"Ordinance Revision Unrelated to Central Statutory Supremacy": Supreme Court Respects Local Legislative Authority, Complete Victory for Seoul City

Supreme Court: "No Delegation by Higher Law"
"Failure to Consult Is Not Illegal"
Challenging Local Ordinances Requires
Proper Procedures Such as Reconsideration Requests
First Ruling to Affirm Legislative Autonomy
in Central-Local Government Authority Disputes

The Supreme Court's First Division (Presiding Justice Shin Sookhee) has ruled in favor of the Seoul Metropolitan Government in a lawsuit filed by the Cultural Heritage Administration (now the National Heritage Administration) regarding the revision of a Seoul ordinance that deleted a provision requiring approval for construction even outside a 100-meter radius of cultural heritage sites.

This case was triggered when the Seoul Metropolitan Government deleted Article 19, Paragraph 5 of the "Seoul Metropolitan Government Cultural Heritage Protection Ordinance" in 2022. The deleted provision stipulated that even if a project exceeded the designated protection zones (within 100 meters for nationally designated cultural heritage, within 50 meters for designated cultural heritage), construction permits should be reconsidered if it was deemed certain that the project would affect heritage preservation.

The Seoul Metropolitan Government explained that it removed the provision as a "simple administrative streamlining" to eliminate unnecessary procedures that overlapped with statutory approval systems. However, the Cultural Heritage Administration filed a nullification lawsuit with the Supreme Court, arguing that the ordinance was illegal as it effectively reduced the scope of the law and undermined the cultural heritage protection system.

After the lawsuit was filed, the Seoul Metropolitan Government abolished the ordinance in question and, on the same day, enacted a new "Ordinance on the Preservation and Utilization of National Heritage." The controversial provision was not included in the new ordinance. The Cultural Heritage Administration then filed a lawsuit against Seoul, claiming that this violated the Cultural Heritage Protection Act, leading to a longstanding conflict between the two institutions reaching the Supreme Court.

The Supreme Court ultimately ruled in favor of the Seoul Metropolitan Government. In its verdict on the 6th, the court stated, "In light of the relevant provisions of the Act on the Preservation and Utilization of Cultural Heritage and its Enforcement Decree, the higher law does not delegate authority to stipulate by ordinance, in consultation with the head of the National Heritage Administration, for areas exceeding the 'historical and cultural environment preservation area.'"

The court further stated, "Even if the Seoul Metropolitan Government deleted the provision without consulting with the head of the Cultural Heritage Administration, this does not constitute a violation of the principle of statutory supremacy."

This ruling clarifies that local governments can independently revise ordinances that exceed the scope of higher laws, and confirms that central administrative agencies must follow legally prescribed procedures when challenging the validity of local council ordinances.

The Supreme Court also found it improper that the Cultural Heritage Administration filed a lawsuit without first going through the required reconsideration process. The court stated, "The Local Autonomy Act does not stipulate that the relevant minister can directly file a lawsuit against a local council without issuing a directive for reconsideration," and added, "It is not permissible for the Cultural Heritage Administration to challenge the validity of the ordinance itself without following the proper procedures."

The Supreme Court dismissed both the primary claim (nullification of the ordinance resolution) and the secondary claim (nullification of the current ordinance) of the Cultural Heritage Administration, ruling in favor of the Seoul Metropolitan Government.

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