The first case regarding the validity of an administrative order that cancelled a private investment business in the name of the public good

On behalf of Ilsan Grand Bridge Corp (“IGB”), Lee & Ko secured a winning award against Gyeonggi Province (the “Province”) in November 2022 in a lawsuit. The Appellate court also dismissed the appeal filed by the Province in May 2024.

IGB, a corporation established under the Act on Public-Private Partnerships (“PPP”) in Infrastructure (the “Act”) completed construction of Ilsan Bridge in 2008. The Province issued a business license granting IGB to manage the Ilsan Bridge for 30 years on the condition that IGB would transfer the title of the bridge to the Province after 30 years (According to IGB’s estimates, its expected profits from managing the Bridge until 2038 was USD 636 million). However, dissatisfaction among commuters grew as they needed to pay tolls to use the bridge. Around October 2021, the Province executed an administrative order to cancel IGB’s rights in the name of the public good and abolished the tolls.

Lee & Ko persuasively argued that even if the Province may cancel IGB’s business license under the Act, such administrative order must show that the public interest outweighs IGB’s right to a business license. Agreeing with Lee & Ko’s arguments, the court found that the administrative order lacked a clear public interest to revoke IGB’s rights and canceled the administrative order in November 2022. The Appellate Court affirmed the lower court’s decision in May 2024.

This case was the first case regarding the validity of an administrative order under the Act on which criteria the administrative order could be justified in the name of the public good, and thus will likely serve as an important precedent for the PPP projects.