The costs of appeal are assessed against the defendant.

1. Article 78(1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Act on the Acquisition of Land, etc.”) provides that “A project operator shall either establish and implement relocation measures or pay resettlement funds, as prescribed by Presidential Decree, to persons who lose their base of livelihood due to the implementation of public works (hereinafter “persons subject to relocation measures”), and according to delegation, the Enforcement Decree of the former Act on the Acquisition of Public Works and the Compensation therefor (amended by Presidential Decree No. 2454, May 28, 2013; hereinafter “Enforcement Decree of the Act on the Public Works”) provides that the specific scope of a person subject to relocation measures shall be prescribed in each subparagraph under Article 40(3) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor. Article 78(1)1 provides that the owner of a building constructed without obtaining permission or filing a report, and the main sentence of subparagraph 2 provides that the owner of the building shall be excluded from the persons subject to relocation measures, respectively, who have not resided from the date of conclusion of the public works.

In addition, Article 6 of the Addenda to the Enforcement Decree of the Public Works Act (amended by Presidential Decree, Dec. 30, 2002) (hereinafter “Article 6 of the Addenda”) provides that “The owner of a building constructed without obtaining permission or filing a report on construction as of January 24, 1989 shall be included in the person subject to relocation measures, notwithstanding the provisions of Article 40(3)1.”

In light of the language and background of the above supplementary provision, the purpose and structure of Article 40(3) of the Enforcement Decree of the Public Works Act providing for the exemption from relocation measures, etc., the above supplementary provision is an unauthorized building already constructed at the time of January 24, 1989.