국토의계획및이용에관한법률위반
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. The Defendant is selling a ice cream, beverage, etc. with the trade name “D” on the first floor of Jongno-gu Seoul Metropolitan Government building C.
When a district unit planning zone intends to construct a building or alter the purpose of use of a building, it shall do so in compliance with the district unit planning.
From September 24, 2014 to April 20, 2015, the Defendant was designated as “E Class 1 district unit planning zone” in Jongno-gu Seoul district from around September 24, 2015, and this area changed the purpose of the building that was used as a retail store with the main product as an “sale of high-art, pen, paper, paper, craft, living clothes, and Buddhist goods”, despite the designation of the purpose of the building.
2. Review of the factual records and evidence reveals the following circumstances.
Around January 29, 2002, the Defendant’s commercial area was established by the “Class 1 district unit planning” around January 29, 2002, and around that time, detailed uses, such as “high art, pen/stain, craft, living clothes, and sales of Buddhist goods,” as indicated in the facts charged, were designated for the first floor of the Defendant’s commercial area.
In this regard, the Seoul Special Metropolitan City Ordinance on the Management and Fostering of Seoul Special Metropolitan City Cultural Districts was amended on July 15, 2002, while prescribing that food manufacturing and processing business, i.e., food manufacturing and processing business, food transportation business, food subdivision and sale business, food storage business, container storage business, container packing business, regular restaurant business, general restaurant business, etc. as prescribed by the Food Sanitation Act on the first floor of the E-cultural district where the instant commercial building is located (Article 4023, Article 6(2), and attached Table of the Seoul Special Metropolitan City Ordinance), and the above provision of the Ordinance was applied from the first application for business report, etc. after July 27, 2002 (Article 1 of the Addenda of the above Ordinance). However, the Defendant had already been applied from February 27, 2000 to the instant commercial building “D”.