Seoul: The Supreme Court on Thursday ruled in favor of a controversial legal ordinance that allows development projects outside cultural preservation sites in Seoul. The ruling confirmed the validity of a revised ordinance passed by the Seoul Metropolitan Council in September 2023 to permit construction 100 meters beyond the outer limits of national heritage sites.
According to Yonhap News Agency, the case garnered significant attention due to its implications for a Seoul city-led project aimed at redeveloping an area known as Seun Zone 4, located across from the Jongmyo Shrine, a UNESCO World Heritage site in central Seoul. Last month, the Seoul metropolitan government announced plans to increase the maximum height of buildings in the zone from 55 meters to 101 meters along Jongno road and from 71.9 meters to 145 meters along Cheonggye Stream.
The redevelopment plan faced concerns about potentially ruining the landscape around Jongmyo; however, the city government maintained that the zone lies 180 meters outside of the shrine compound and is not subject to preservation regulations. Under the Cultural Heritage Act, the chief of a city or province is required to designate historical, cultural, and environmental preservation sites in an ordinance in consultation with the head of the state Korea Heritage Service. The ordinance for Seoul sets a preservation site within 100 meters of the outer perimeters of a national heritage.
The culture minister had brought the case to court, arguing that the revised ordinance should be nullified as the council passed it without adhering to the legal requirement to consult the Korea Heritage Service. The top court ruled, however, that the law does not mandate the council to hold consultations before establishing an ordinance governing construction outside of preservation sites. The ruling is final, as cases to nullify an ordinance are decided in a single trial by the Supreme Court.
The Seoul metropolitan government welcomed the ruling, stating, "The Seun Zone 4 renewal project, which has been stalled for over 20 years, has now been given a boost to be implemented smoothly," and added plans to build a large green corridor-type park in the area to enhance Jongmyo's attractiveness. The Korea Heritage Service expressed respect for the ruling and committed to working closely with UNESCO and other relevant agencies to ensure the shrine does not lose its heritage status.