[Exclusive] Jeju City Sided with Village Custom, Court Rebukes: "No Grounds for Halting Construction"

Jeju District Court Cites "Unclear Legal Basis, Concern Over Owner's Harm" in Granting Suspension of Execution

City Hall Unaware of Ruling... Administration Under Fire for Turning a Blind Eye to Local Pressure

The construction site in Iho-dong, Jeju City, where the construction stop order issued by Jeju City due to village meeting complaints advocating for the preservation of the sand dune (coastal sand dune) lost its effect following the court's provisional injunction decision, reopening the path for construction to resume. Photo by Park Changwon

Regarding the construction near the coastal dunes in Iho-dong, Jeju City, the court has suspended the effect of the "stop-work order" issued by Jeju City in response to opposition and complaints from the village meeting, stating that "the legal basis is unclear and there is concern about irreparable harm to the property owner." As a result, the administrative authorities, which prioritized reckless "village custom" over the legitimate protection of private property rights, have now faced judicial rebuke for their irresponsible desk-bound administration.

According to the "Order of Suspension of Execution (2026A525)" from the 1st Administrative Division of the Jeju District Court, exclusively obtained by The Asia Business Daily on April 16, the court accepted the request filed by the property owner, Mr. Park, for suspension of the effect of the stop-work order against the Mayor of Jeju City.

Consequently, the stop-work order issued by Jeju City to the property owner on January 12, following the village meeting's demand to "preserve the coastal dunes and cancel permits," will lose its effect 30 days from the date of the main lawsuit's (2026Guhap547) verdict, allowing the property owner to immediately resume legal construction work.

The core issue in this case is that, despite having issued proper permits, the administrative authorities abandoned the principles of law under the pressure of collective actions and unreasonable complaints from village residents.

Initially, Jeju City granted road occupancy and maintenance permits with a special condition stating, "Temporary suspension of construction in the event of complaints." When the village meeting used this as a pretext to block construction, Jeju City issued two stop-work orders.

However, the judiciary's stance was firm. The court stated in its decision, "Jeju City's request to halt construction appears to be based on the special condition, but its legal basis is unclear." The court made it clear that the administrative authority does not have the legal right to forcibly stop construction by a private operator who has followed proper procedures, merely because of opposition complaints from a nearby village.

Furthermore, the court ruled, "There is concern that the applicant (the property owner) may suffer irreparable harm as a result of this order (stop-work), and there is an urgent need to suspend execution to prevent such harm." In effect, the court directly protected the rights of a legitimate citizen who was suffering due to unfair local pressure and administrative inaction.

As a result of the court's decision, the unreasonable claims of the Seoma Village Meeting of Iho 1-dong, which had blocked the construction under the pretext of environmental conservation, have also lost their standing.

Meanwhile, it has been revealed that Jeju City Hall, a party to the administrative lawsuit, was not even aware of the court’s urgent decision, drawing criticism.

According to The Asia Business Daily's investigation, the permit-issuing department at Jeju City Hall had not recognized the details of the ruling even a day after it was delivered. In response to an official request for comment, Jeju City stated, "We are not yet aware of the ruling and will make our position clear after obtaining and reviewing the decision," thereby postponing its explanation.

Even in the face of clear evidence and the court’s ruling, Jeju City’s irresponsible administration, which had essentially encouraged local pressure by telling the property owner to "negotiate with the village," is now being criticized as "dereliction of duty" and an "administrative disaster" in light of the judiciary’s decision. There are calls for Jeju City to prepare strong measures to protect lawful construction activities based on the court's decision against any further interference that may arise during the resumption process.

Additionally, there is growing demand for a thorough investigation and accountability by the Jeju Provincial Audit Committee into the administrative authorities, who trampled on the legitimate rights of citizens by following reckless "village custom."

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