The Supreme Court ruled that Gyeonggi Province's decision not to pay a reward to a person who reported illegal resales of apartment pre-sale rights due to reasons such as a lack of budget was not unlawful. The court said whether to pay a reporting reward falls within the discretion of provincial and metropolitan city governors.
The Supreme Court's First Division (Presiding Justice Shin Sook-hee) on Dec. 11 sent a suit back to the Suwon High Court, overturning a lower court ruling that had ordered Gyeonggi Province to pay a reward in a case filed by a person identified as A seeking to cancel the province's rejection of a reward application.
In Nov. 2015, A reported 1,141 cases of illegal resale of apartment pre-sale rights in the Seoul metropolitan area to Gyeonggi Province, the Seoul Metropolitan Government, and the Incheon Metropolitan City Government. Of these, 52 cases resulted in final criminal convictions. In June 2019, A applied to Gyeonggi Province for an 85 million won reporting reward for the 52 cases.
However, Gyeonggi Province did not pay the reward. The province said there were no funds because the Gyeonggi Provincial Council cut the reporting reward budget when setting the 2019 budget.
Gyeonggi Province also cited a statutory interpretation by the Ministry of Government Legislation stating that the payment of rewards may be withheld or reduced at the discretion of provincial and metropolitan city governors. The possibility that an excessive reward could be...
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