News & Insights
Latest news and legal insights from HANBYOL LAW LLC.
[Administrative] "Illegal to Stop Construction of KEPCO Substation Expansion for Collective Complaints"
Term_0__ represented the plaintiff and filed a lawsuit to cancel the stop work order with the Seoul Administrative Court, which resulted in a favorable ruling in favor of the plaintiff. Focusing on the strict legal grounds required for a stop work order, Hanbyol argued that the collective complaints of nearby residents alone do not constitute grounds for a stop work order under Article 79 of the Building Code, and the court ruled that the complaints alone do not constitute a permit violation.
Hanbyol also focused on the procedural deficiencies of the decision, arguing that the defendant failed to provide prior notice and an opportunity to comment as required by law. The tribunal found that the five letters sent by the defendant did not constitute prior notice of the title, facts, legal basis, method and deadline for submitting comments, and so on, which constituted a procedural deficiency under the Administrative Procedure Law, and concluded that the suspension order was unlawful. The defendant was represented by Saekang Law Firm.

