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(영문) 서울중앙지방법원 2013.05.23 2013고단847

도시공원및녹지등에관한법률위반등

Text

Defendant

A shall be punished by a fine for negligence of KRW 7,000,000, and by a fine of KRW 5,000,000.

The Defendants are subject to each fine.

Reasons

Punishment of the crime

1. Defendant A is the joint owner of Seocho-gu Seoul Metropolitan Government D Forest (hereinafter “instant forest”) and the instant forest is designated as an urban park area.

Any person who intends to change the form and quality of land in an urban park shall obtain permission for occupation and use from the competent authority, and obtain permission for development and use as prescribed by the National Land Planning and Utilization Act.

Nevertheless, on September 2012, the Defendant changed the form and quality of land by making the instant forest flat and packaging concrete without obtaining permission to occupy and use the competent administrative agency and obtaining permission to engage in development activities.

2. A person who intends to build a building not exceeding a certain size of Defendant B must report to the competent authority, and a person who intends to build a building in an urban park shall obtain permission for occupancy and use, and permission for development under the National Land Planning and Utilization Act.

Nevertheless, around September 28, 2012, the Defendant, despite being aware of the fact that the instant forest was designated as a Dogsan Urban Park, constructed a residential building with a board on a 89.6 square meters of the instant forest without obtaining permission from the competent authority without filing a report thereon with the competent authority.

Summary of Evidence

1. Defendants’ respective legal statements

1. Prosecutorial suspect interrogation protocol against the Defendants

1. Police suspect interrogation protocol regarding E;

1. Statement of accusation;

1. Current park status and confirmations of land use plan as of January 2007;

1. Application of photographs, forests, photographs and control photographs, including unauthorized buildings;

1. Article 140 subparagraph 1 of Article 140, Article 56 (1) 2 of the National Land Planning and Utilization Act and Article 54 subparagraph 2 of the Act on Urban Parks, Greenbelts, etc., and Article 24 (1) 2 of the Act on Planning and Utilization of National Land Planning and Utilization, and Article 53 subparagraph 2 of the Act on Urban Parks, Greenbelts, etc., and Articles 56 (1) 1 and 56 (1) 2 of the Act on National Land Planning and Utilization, and Articles 53 subparagraph 2 and 24 (1) of the Act on Urban Parks, Greenbelts, etc., concerning criminal facts;