beta
(영문) 대구지방법원 김천지원 2015.08.26 2014고정679

산지관리법위반

Text

Defendants are not guilty.

Reasons

1. Summary of the facts charged

A. Defendant A is a person who will be in charge of the general affairs of the Gu-U.S. branch as the head of the headquarters of the Si-U.S. Industrial Waste Reclamation Corporation B.

Any person shall obtain permission from the relevant Si/Gun in advance to divert a mountainous district.

Defendant

A around June 10, 2014, around the project site B located in the Si-U.S., the purpose of installing a waste landfill facility in the Gu-U.S., which is the forest owned by the Si-Gu-U.S., which is the zone B located outside the land for the purpose of installing a waste reclamation facility in the zone for the purpose of the waste reclamation facility in the Gu-U.S., the forest of 1,524 square meters for the purpose of planting trees by using a excavation season, etc., and damaged the forest of 1,524 square meters. In addition, in order to establish the site office, the adjacent 519 square meters of 1,524 square meters of the forest was filled up at the same

B. Defendant B Co., Ltd. is a corporation with the objective of waste disposal business, including the installation of industrial waste landfill facilities.

A corporation shall pay considerable attention to and manage and supervise the relevant duties in order to prevent violations.

Nevertheless, with respect to Defendant A, who is in office as the head of the Gu-U.S. branch office B, in the above date and place, neglected to manage and supervise the business affairs of Defendant B Co., Ltd., and used the same mountainous district without permission.

2. In order to punish a person as a “diteration of a mountainous district without obtaining permission for conversion of a mountainous district” under the Mountainous Districts Management Act, the pertinent land shall be the land in a state stipulated in subparagraph 1 of Article 2 of the Mountainous Districts Management Act, such as “land in which standing timber and bamboo are collectively raised,” regardless of its land category. Even if the land category on the land cadastre is a forest, etc., even if it is classified as a forest, etc., if it is lost the phenomenon as a mountainous district and its lost status cannot be deemed

Supreme Court Decision 208.7.