No one shall construct a building, change the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles, etc. in a zone subject to development restriction.

Nevertheless, the Defendant constructed one plastic house with a size of 15 square meters using steel pipe and tent for warehouse in Busan-gun, Busan-gun, which is a zone subject to the restriction of development in around 2014 without obtaining permission from the competent authorities.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. Official text of the corrective order;

1. Application of statutes on field photographs, aerial photographys, or illegal building site photographs;

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishments, Article 32 Subparag. 1 and Article 12(1) of the Act on Special Measures for Criminal Facts, and Selection of Fines

1. A fine not exceeding 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act of the suspended sentence [the defendant has removed the vinyl house of this case and the punishment is highly necessary due to the difficult interpretation of Acts and subordinate statutes]

Considering that the Defendant’s assertion cannot be said to be considered, including that there was no criminal history, etc.), the instant vinyl is for cultivating mushroom, and the instant vinyl falls under “act that can be performed without obtaining permission or filing a report” prescribed in subparagraph 4 of attached Table 4 of the Enforcement Rule of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development, and thus, it can be performed without obtaining permission or filing a report pursuant to Article 12(4) of the said Act.

The argument is asserted.

The question of whether the case is applicable is as follows.

Acts that may be conducted without permission or reporting under attached Table 4 of the Enforcement Rule of the Act on Special Measures for the Designation and Management of Development Restriction Zones (related to Article 12);

1. Any of the following acts for conducting fisheries in agriculture and forestry; - Details in the middle is omitted:

(g) the cultivation of vegetables, tobacco plants (including drying plants) and mushrooms;