A. Although the Defendant, as stated in this part of the facts charged, has partially cut and filled up the ground as stated in this part of the facts charged, in order for the Defendant to constitute a violation of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), the requirements set forth in the directives of the Ministry of Land, Infrastructure and Transport should be “where he/she embars or cuts the ground more than 2 meters” and such recognition is required. However, the Defendant did not have filled up or cut the ground more than 2 meters.

(b) Improper sentencing (ten months of imprisonment, two years of suspended execution, and 120 hours of community service).

2. Determination

A. As to the assertion of mistake of facts, Article 56(1)2 of the National Land Planning and Utilization Act and Article 51 subparag. 3 of the Enforcement Decree of the same Act stipulate that the form and quality of land should be changed by means of change of the form and quality of land, i.e., a land-to-land stop package, etc., or reclamation of public waters. However, an exception exists in the change of the form and quality of land for farming. In this context, the change of the form and quality of land for farming should be interpreted to refer to cases where the form and quality of farmland is changed in order to enhance the productivity of farmland, such as the cultivation of crops in the farmland already developed or the suspension of simple guestto-land or small scale, etc., for the enhancement of farmland productivity. Thus, even if a landowner, etc. intending to cultivate the land from the intended intention to cultivate the land, if it naturally exceeds the extent of changing or damaging the fundamental function of the land, he/she must obtain permission from the competent administrative agency.

Article 56 (4) of the Enforcement Decree of the National Land Planning Act provides that "The Minister of Construction and Transportation may determine detailed criteria for review of the criteria for permission for development activities under paragraph (1)" and delegates only to the criteria for permission for development activities. It is subject to permission for development activities.