August 25, 2010

Go further to revive the Yeongsan and Han Rivers. High Court in Gwangju and Seoul dismiss the appeal.

The 1st Administration part Jeonju Justice Department, Gwangju High Court (judge: PARK Sam-Bong, chief prosecuting attorney) ruled against the plaintiff, in succession to the verdict of the first trial, at the appeal court for suspension of execution which were to claim to stop the Yeongsan River restoration work against 'the Ministry of Land, Transportation and Maritime Affairs' and 'Head of Iksan Local Land Management Administration' by Mr. Park (49 year old) and other 664 citizens who oppose the project. The court made the judgment, "Only with the data issued by Mr. Park and citizens, apparently it does not seem to wreak considerable havoc unrecoverable or cause serious worries." The decision of court continued, "Therefore, there is no urgent need or necessity to stop the work on the Yeongsan River Restoration Project"

About the worries for inundation, "The Juksan Weir is lower than the original ground and built on impermeable layer. There are supplementary plan to mound the lower farmland up with additional drainage facility. Reflecting the all these points, there is not sufficient evidence for plausible damage of inundation."

About the insistence of ecosystem under destructive threat by the project, the court made clear decision, "Since opinion proposal was done by 'environmental effect evaluation', the right of opinion proposal on 'the Act for Environmental Effect Evaluation' was not regarded to be infringed. Additionally, apart from the private and personal loss or damage, ones of 'common good or public interest' are not applicable to the requirement of suspension of execution."

Against the claim that saying additional construction of weirs can cause or raise the plausibility for flood calamity, the court responded, "When even there are the symptoms of inundation or water-borne disasters, it is interpreted and judged that we can control the level of the river by open the sluice gate of the weirs to release the discharge."

Meanwhile as long as the request for 'the suspension of execution' which 'People's Power for lawsuit against the Four River Projec' lodged complaint against previous dismissed by Seoul Administrative Court in march 19th 2010, the 9th administrative part of Seoul High Court dismissed or rejected the request of demurrants.

The court dismissed the appeal of civil lawsuit bodies, in the reason that the Four Major Rivers Restoration Project does not have direct binding force for the general people; and in addition to that, it is hard to acknowledge that there have occurred irreversible damages to the demurrants or there is urgent necessity to prevent them.