(a) Where it is intended to change the form and quality of land in violation of the National Land Planning and Utilization Act, permission from the Special Metropolitan City Mayor, Metropolitan City Mayors and heads of

Nevertheless, on May 2015, the Defendant illegally changed the form and quality of the land corresponding to 904 cubic meters of C Forest in Ansan-si around 2015.

(b) Any person who intends to convert a mountainous district into a mountainous district in violation of the Mountainous Districts Management Act shall obtain permission therefor from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district

Nevertheless, without permission from the Minister of the Korea Forest Service, the Defendant unlawfully diverted the mountainous district of 904 cubic meters in Ansan City.

2. Determination

A. As to the violation of the National Land Planning and Utilization Act, the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and the Enforcement Decree thereof is “Enforcement Decree”.

Article 56(1)2 of this Act and Article 51(1)3 and (2) of the Enforcement Decree thereof provide that one of the development activities shall change the form and quality of land (excluding where the form and quality of land is changed by cutting, filling-up, leveling, etc. and the reclamation of public waters satisfies certain requirements due to the change of the form and quality of land for cultivation of crops, the enhancement of soil productivity and the improvement of productivity, and the installation of pumping and drainage facilities on the farmland for which the creation of the reclamation of public waters has been completed) and require a person who intends to do so to do so.

Article 140 (1) of the National Land Planning and Utilization Act provides that a person shall be punished by imprisonment for not more than three years or by a fine not exceeding thirty million won in case of changing the form and quality of the land without obtaining permission for development activities in violation of Article 140 (1).

However, notwithstanding Article 56 (4) 3 of the National Land Planning and Utilization Act, minor activities prescribed by the Enforcement Decree may be conducted without permission for development activities.