건축법위반
The judgment of the court below is reversed.
Defendants are not guilty. The summary of this judgment is publicly announced.
1. A construction work which does not have the form of a building under the Building Act, with the summary of the grounds for appeal (misunderstanding of legal principles);
Even if a building is constructed without permission, it is limited to the construction of the building.
2. Ex officio determination
A. Prior to the judgment on the grounds for appeal to amend the indictment, the prosecutor constructed a building, such as piling a stone embankment and building a retaining wall in the first 6th sentence of the indictment of this case.
“One building was built, such as building columns and building roof works (a concrete building).
“Application for Amendments to Bill of Indictment” was filed, and this Court permitted it, and the judgment of the court below became no longer to be maintained due to changes in the subject of the adjudication.
B. Determination 1 on the changed facts charged 1) Defendant A’s wife E, the representative of the Defendant’s wife in Chuncheon City, is a person who actually operates “B” corporation.
Where anyone constructs a building, the total floor area of which does not exceed 100 square meters, he/she shall file a building report with the head of the relevant Si/Gun/Gu.
Nevertheless, on August 2014, the Defendant, without reporting to the Chuncheon City Mayor, constructed a pole on a site with a floor area of 78.7 square meters located in Chuncheon City F, which is 78.7 square meters, and constructed one building, such as roof construction (a concrete building).
B) A, an employee of Defendant B’s Defendant Company, constructed a building of 78.7 square meters in floor area without reporting to the Chuncheon City Mayor at the date and place specified in paragraph (1) with respect to the Defendant’s business.
2) Article 11(1) of the former Building Act (amended by Act No. 13325, May 18, 2015; hereinafter “former Building Act”) provides that “A person who intends to construct or repair a building shall obtain permission from a Special Self-Governing City Mayor, a Special Self-Governing Province branch office, or the head of a Si/Gun/Gu.”
Article 14(1) of the former Building Act provides that “A person shall be subject to Article 11.”