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| TITLE | Supreme Court Decision 2012Da22709 Decided September 25, 2014【Purification of Soil Contamination】 [full Text] |
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| Summary | |
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[1] In a case where (i) the land owned by Party “A” (local government) had been requisitioned and granted to the U.S. Forces in Korea (USFK) for its use; (ii) while USFK was using the land, the “Act on the Management and Disposal of Property held by the State or Local Governments following the Implementation of Agreement under Article IV of the Mutual Defense Treaty between the Republic of Korea and the United States of America, regarding Facilities and Areas and the Status of United States Armed Forces in the Republic of Korea” was enacted and implemented; and (iii) thereafter the requisition of the land was released, the court holds that the above release from requisition is null and void, and the main text of Article 12(5) of the former “Special Act on Support for Areas, etc. Adjacent to Districts Granted to the United States Armed Forces in Korea” is inapplicable to the return of the above land [2] The scope of exemption from the obligation of reinstatement as provided under Article 6(2) of the former “Act on the Management and Disposal of Property held by the State or Local Governments following the Implementation of Agreement under Article IV of the Mutual Defense Treaty between the Republic of Korea and the United States of America, regarding Facilities and Areas and the Status of United States Armed Forces in the Republic of Korea” (i.e., ordinary reinstatement within the scope of the purpose of the lease for free) |
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