[Jeju Update][Translation] Is there no legal force in the resolution on the cancellation [of the previous bill]?

* Image source: Media Jeju, March 16, 2011
The representatives of the New Progressive Party are doing the press interview demanding the Island governor to stop naval base construction, to withdraw the plan on the profit-oriented hospital and to stop the labor oppression on March 16, 2011.
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* Related previous blog
Wednesday, March 16, 2011
[Jeju Update] People's first small but big victory : Struggle goes to the next stage
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Shin Yong-In, lawyer and professor in the Jeju Island wrote a colum in the Jeju media about the legal effect of the Island council’s reversing resolution on March 15. Below is the hurried partial translation of his column.
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Is there no legal force in the resolution on the cancellation [of the previous bill]?

The navy should stop construction and the Island governor should cancel the [construction] plan with his direct authority.

Of course, the [administrative] disposal on the alteration of the absolute preservation areas itself is not naturally cancelled by the [Island council’s] resolution on the cancellation [of the past bill]. However, because of the resolution on cancellation, the alteration disposal on the absolute preservation areas has become illegal therefore the resolution on the cancellation of the past bill became to have legal effect in which the navy should stop construction and the Island governor has the duty to cancel the construction with his direct authority.

According to the legal principal, the [ex-Island council’s] agreement with the ex-Island government’s bill retroactively loses its effect. In other words, the agreement becomes to lose its effect from the beginning. Therefore, the alteration disposal on the absolute preservation areas became to have no effective agreement at the time of public notice on Dec. 23, 2009 and to be an illegal disposal that violated the Jeju Special Self-Governing law.

[..]
Looked as such, if the alteration disposal on the absolute preservation areas is illegal, then the navy’s forceful construction despite that should be looked illegal as well. In other words, the navy’s enforcement of construction becomes an unconstitutional measure that infringes the basic rights of the Gangjeong villagers with its illegal state power. Therefore the navy should immediately stop construction.

The Island governor and Island council should demand the navy to immediately stop construction in one voice. It is no wonder their duty to protect the constitution and Island people’s basic rights.

Still what should be done if the navy continues to enforce construction despite that? Then the Island governor should cancel the disposal on the alteration of the absolute preservation areas. It is because the Island governor who has to observe the law cannot neglect the illegal situation as it is.

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Some naval base construction still went on March 16, 2011.




Some photos of current maritime naval base construction: The navy has installed layers for prevention of dirty water in the future construction, near the Gangjeong port, the western end of the planned naval base area (photos taken by the Gangjeong village people's council on March 16, 2011)






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