A. Since before the designation of a park as to the land of this case, access roads to which a cemetery access had already existed, and the Defendant did not newly establish access roads even after the access roads had been maintained.

B. The instant act constitutes a minor act that can be done without obtaining permission to occupy and use by neglecting the purpose of use of existing structures, which maintained the existing cemetery, and thus does not constitute a change in the form and quality of land under the Act on Urban Parks, Greenbelts, Etc. (hereinafter “Urban Park Act”).

(c)

Nevertheless, the lower court which found the Defendant guilty of the facts charged of this case erred by misapprehending the facts or by misapprehending the legal doctrine, thereby affecting the conclusion of the

2. Determination

A. Article 24(1) of the Urban Park Act provides that any person who intends to build structures and change the form and quality of land in an urban park shall obtain permission to occupy and use the competent agency, except for minor acts prescribed by Presidential Decree.

Accordingly, Article 21 of the Enforcement Decree of the Urban Park Act is a minor act that can be conducted without obtaining permission to occupy and use an urban park under the proviso of Article 24(1) of this Act, and 1. Felling for the purpose of managing the forest;

2. Felling trees without any act of cutting trees;

3. The act of entering into or digging up a paddy field or dry field owned by oneself to set up a farming shed;

4. Where the use of one’s own land is an orchard, the act of planting or supplementing trees is defined as “the act of planting or supplementing trees.”

Article 21 of the Enforcement Decree of the Urban Park Act recognizes exceptions that may not be granted permission to occupy and use only to activities related to trees or farming houses as above. This is necessary to expand and manage green areas, etc., and the aesthetic view, etc. of parks for the pleasant life of citizens should not be infringed through the installation of structures or the piling-up of goods.