AnalysisWhat Supreme Court's heritage ruling means for Seoul, Korea’s cultural legacy

The main hall of the Jongmyo Shrine in Seoul / Courtesy of Korea Heritage Service

In a decision with far-reaching implications for urban development and cultural preservation, the Supreme Court has upheld a Seoul city ordinance relaxing development restrictions near UNESCO World Heritage sites such as the Jongmyo Shrine.

The ruling strengthens cities’ right to shape urban planning ― in Seoul and beyond ― and limits the reach of national heritage authorities while triggering concerns over the future of Korea’s most treasured sites and its cultural legacy. For Seoul Mayor Oh Se-hoon, who is expected to seek another term in next year’s local election, it is a major political win.

On Thursday, the court validated a revised city ordinance, passed two years ago, which permits taller construction in areas outside the 100-meter preservation zone designated for national heritage sites. This means that city authorities do not need approval from the Korea Heritage Service (KHS), a central government entity, for urban development as long as they do so outside the buffer zones.

With the ruling, the long-delayed redevelopment of “Sewoon District 4” now can proceed. The renewal includes plans for skyscrapers as tall as 142 meters, which will profoundly alter the skyline of central Seoul. Initiated by the mayor during his first term in 2006, the project lost momentum amid a real estate slump after the global financial crisis and during the tenure of Oh’s liberal successor, Park Won-soon, an environmentalist skeptical of land development. Oh later returned to the mayoral role after Park's death.

Following the court ruling, the Seoul Metropolitan Government welcomed the decision and vowed to push the project forward.

“The redevelopment project for Sewoon District 4, which had been stalled for over 20 years, can now finally move forward,” the city government said in a statement. “We’ll do our best to preserve the historical value of cultural heritage while simultaneously revitalizing Seoul and ensuring its future competitiveness.”

Politically, the decision is fortuitous for Oh, who wants to showcase economic development as one of his core achievements. For that project and others, he will have more autonomy to plan and potentially deliver much-needed housing and other commercial properties he would need to benefit his reelection campaign and win the June 1 local elections.

"The area around Jongmyo, including Sewoon District, has long been left neglected and is, quite frankly, little more than a ruin despite being at the center of Seoul," the mayor said on Friday. "Now is the time to both preserve and further enhance the value of Jongmyo, seeking a new transformation where history and the future can coexist."

With the legal precedent now set, future development projects near national heritage sites will face fewer obstacles from heritage administrators. This is expected to trigger a wave of development applications, especially in high-value areas of big cities like Seoul, such as royal tombs and palaces.

Yet, this momentum comes with risks for national heritage and the environment.

Huh Min, chief of the Korea Heritage Service, speaks to reporters at the Jongmyo Shrine in Seoul, Friday. Newsis

Huh Min, chief of the KHS, and Culture Minister Chae Hwi-young held a press conference on Friday at the Jongmyo Shrine site, where they said a construction project nearby poses a “grave threat” to its value.

“Buildings to be constructed in front of Jongmyo, like Jongno Tower, will directly endanger the historic cultural landscape and the comprehensive value that Joseon royal heritage sites in Seoul have preserved for many centuries,” Huh said. “We, under the authority given by the central government, will explore all possible means, including amendments to the World Heritage Act, to safeguard Jongmyo’s World Heritage status and to ensure its value is fully preserved and passed down to future generations.”

Chae also vowed to do everything in his power to block the development plan.

These strong reactions come amid worries that UNESCO could downgrade Jongmyo Shrine's heritage status due to surrounding changes. In a letter sent to the Seoul city government earlier this year, the U.N. agency warned that “uncontrolled vertical development” near the shrine could negatively affect its World Heritage status.

Under the World Heritage Convention, UNESCO can revoke World Heritage status if a site no longer meets the criteria for which it was originally inscribed. One of the most famous such cases was Germany’s Dresden Elbe Valley, which lost its World Heritage status in 2009 due to a bridge that was built “in the heart of the cultural landscape,” according to UNESCO.

UNESCO did not respond to inquiries from The Korea Times regarding the court ruling and its possible impact on Jongmyo’s status as a World Heritage property.