Exclusive Government Says No, But Gyeonggi Province Uses Administrative Power on Gwangyeok Office Sale

Despite Gyeonggi Province's review of selling the Gwangyeok Office to resolve fiscal difficulties, the government has determined that it is impossible under current law.

According to the Ministry of the Interior and Safety and the Ministry of Government Legislation on the 10th, Article 19, Paragraph 1 of the "Public Property and Goods Management Act" fundamentally prohibits the sale of administrative property. However, Article 11 of the same law allows for purpose cessation of administrative property if certain requirements are met, and Article 8, Paragraph 1 of the Act's enforcement decree stipulates as grounds for purpose cessation the case where administrative property ceases to be used for administrative purposes in practice.

In response, the Ministry of Government Legislation issued a legal interpretation in June 2013 stating that if administrative property is currently being used for administrative purposes, its purpose cannot be ceased merely on the basis that it will not be used in the future. The purpose cessation of administrative property should be determined based on actual administrative use, not future use plans.

A government official stated, "While the Ministry of Government Legislation's interpretation of the law may vary depending on individual cases, in the current situation, (Gwangyeok Office) sale appears impossible," and added, "We understand that Gyeonggi Province has not consulted with the government separately on this matter, and we learned about the sale review through media reports."

The Gwangyeok Office is a building in which Gyeonggi Province currently conducts administrative work. As Gyeonggi Province has stated there are no plans to relocate the office elsewhere, the government views the sale as difficult while Gyeonggi Province continues to review the sale possibility.

Particularly in the case of the Gwangyeok Office, a plan to lease the same building again after sale and continue administrative work has been discussed. Since only the ownership of the building would transfer to the private sector while administrative purpose itself is maintained, whether there would be a conflict with existing legal interpretations is a focal point.

Nevertheless, Gyeonggi Province continues its sale review.

A Gyeonggi Province official stated, "It is true that we are currently reviewing the sale," and regarding whether there has been any review of requesting legal interpretation from the Ministry of Government Legislation on sale restrictions under the Public Property Act or recommendations for legislative amendments, said "including that, we are comprehensively reviewing all possible directions."

Moreover, as it has been identified that there has been no prior consultation even with the Ministry of the Interior and Safety, the competent agency responsible for the management and disposition of administrative property, questions are being raised about what legal basis Gyeonggi Province is using to review the possibility of sale.

In essence, the government maintains that sale is practically impossible under current law, but Gyeonggi Province is investing administrative resources into the Gwangyeok Office sale plan whose legal possibility has not even been verified.

Hong Eun-gwang, spokesperson for the province, explained, "The Gwangyeok Office sale review is merely one of many proposals raised in the process of exploring all possible measures to secure additional revenue in a fiscal crisis situation," and added, "The sale of the office remains a matter requiring careful approach as the appropriateness, legal possibility, financial effects, and administrative procedures of the office sale have not yet been verified."