Government legislation ministry rules local referendums mandatory for military airport bids

The government legislation ministry said Wednesday that local leaders cannot apply to host a relocated military airport without first conducting a resident referendum, even if the Defense Ministry has not explicitly requested such a vote.

Heads of local governments must not submit applications to attract a military airport if they have not carried out the voting procedure under the Special Act on Relocation and Support for Military Airports.

The ministry stated that the purpose of the referendum is to gather views from residents whose living environments and property rights could be restricted by the relocation, thereby preventing future disputes and ensuring procedural legitimacy. Although the defense minister holds the authority to request a vote under Article 8 of the act, the ministry argued that the local leader's obligation to reflect referendum results exists independently as a prerequisite for any application.

"If a referendum is not conducted, the provision requiring local chiefs to faithfully reflect the results in their application becomes meaningless, and the legislative intent to incorporate resident opinions is lost," the ministry said in its response to the Defense Ministry's inquiry.

Along with the ruling, the ministry recommended amending the special act to explicitly state that holding a resident referendum is a mandatory step, removing ambiguity about whether the process can be skipped if the defense minister does not issue a formal request. While the interpretation serves as a unified guideline for executive branch enforcement, it does not carry the same binding legal force as a final court judgment.