대법 “서울시, 경의선숲길 사용료 421억 내야”…철도공단 승소

The Seoul Metropolitan Government sought to overturn a court ruling that imposed a fine of 421 billion won on the Korea Railroad Corporation (KORAIL) for the use of the "Green Line Park" on the elevated Gyeongui Line. The Supreme Court ultimately dismissed the appeal, leaving the city obligated to pay the fine. In 2020 to 2023, the city must now pay KORAIL the total of 421.2 million won in compensation.

In 2021, the city filed a lawsuit against KORAIL, asking them to cancel the fine they imposed under the original ruling. The city had previously agreed to a contract with KORAIL in 2010, which stated that the use of the Green Line Park would be free of charge from July 2011 to July 2016. However, in 2011, the National Land Use Act was amended to restrict the free use of national property to one year.

Consequently, KORAIL refused the city's request to extend the free use period beyond 2016 and instead gave the city a one-year extension from July 2016 to July 2017. From July 2017 to December 2022, KORAIL demanded that the city pay a usage fee of 421.2 million won. In the first instance, the court ruled in favor of the city, stating that the city had a legal right to use the Green Line Park for the management and operation of the facilities.

The law's amendment should not invalidate the contract's terms. However, the second instance overturned the decision, finding that there was no mention of a "free use" period in the contract. Additionally, the court did not accept the city's argument that the extension of the free use period was in violation of the law, as KORAIL presented. The Supreme Court agreed with this ruling.