The Supreme Court has ruled that the Seoul Metropolitan Government must pay the usage fees imposed by the Korea National Railway for the site of the Gyeongui Line Forest Park.
The Supreme Court's Second Division finalized the lower court's ruling against the plaintiff today (August 12) in a lawsuit filed by Seoul against the Korea National Railway to cancel the imposition of compensation fees.
Dismissing Seoul's appeal, the Supreme Court stated, "It cannot be viewed that the city has the right to occupy and use the site free of charge based on agreements, nor can it be seen as holding a legal status that justifies such occupation and use."
The Gyeongui Line Forest Park is a park created along a roughly 6.3-kilometer section from Hyochang Park Station to Gajwa Station.
It was built following the underground conversion of the Gyeongui Railway line, taking its current form based on a 2010 agreement between Seoul and the Korea National Railway regarding the "free use of state-owned land."
However, complications arose when the Enforcement Decree of the State Property Act was amended in April 2011.
Under the revised enforcement decree, it became impossible to lease state-owned land free of charge for a period of one year or longer.
The railway authority renewed the free-use permit for a one-year term in 2016 but refused subsequent renewals, leading to the imposition of 42.1 billion won in state property usage fees covering November 2020 to May 2023.
In February 2021, the Seoul Metropolitan Government filed a lawsuit seeking the cancellation of the compensation fees.
Previously, following a three-year trial, the first-instance court ruled in favor of Seoul in January 2024, stating that the Gyeongui Line Forest Park was not subject to compensation fees.
The first-instance court judged that Seoul had the right to occupy and use the surface site of the Gyeongui Line free of charge under the agreement.
However, in February of last year, the second-instance court overturned the decision and ruled in favor of the Korea National Railway.
The second-instance court ruled, "It cannot be recognized that Seoul has the right to occupy and use the surface site of the Gyeongui Line free of charge for as long as the Gyeongui Line Forest Park facilities remain, based on agreements or otherwise."
Seoul appealed the decision, but the Supreme Court reached the same conclusion.
The Supreme Court explained that there were no errors in the second-instance court's judgment, which concluded that "the railway authority's actions were insufficient to be recognized as an official expression of intent to provide the site to Seoul free of charge, and therefore the imposition of compensation fees does not violate the principle of trust protection."
(Reported by Kim Jiuk | Video Editing by Lee Eui-sun, Design by Sumin Lee, Produced by SBS Digital News)
※
Copying, redistribution, and unauthorized use in AI training are strictly prohibited.