A. In a misunderstanding of the legal doctrine, “farmland” under the farmland law is not based on the land category, not on the land category, but on its current status, it should be determined whether the farmland law is applied according to its current status. Since the 1,569 square meters of Yongsan-gu, Yongsan-gu (hereinafter “instant land”) was a miscellaneous land that was not farmland in the current status at the time when the Defendant was awarded a successful bid, the farmland law does not apply.

Nevertheless, the judgment of the court below which found the defendant guilty on the premise that the land of this case constitutes farmland under the Farmland Act is erroneous in the misunderstanding of legal principles.

B. The sentence sentenced by the lower court to the Defendant (the penalty amounting to five million won) is too unreasonable.

2. Determination

A. In light of the following circumstances, Article 32(1) of the Farmland Act applies regardless of whether the land within the agricultural promotion area is farmland or farmland.

A) Article 32(1) of the Farmland Act provides that “No land use act that is not directly related to agricultural production or improvement in an agricultural promotion zone shall be performed in an agricultural promotion zone,” which imposes a general duty of restriction on all land regardless of whether the present state of land in an agricultural promotion zone is farmland or not.

Interpretation is consistent with the form of the text or arrangement of the provisions of the law.

B) The provisions pertaining to permission for diversion of farmland and permission for change of purpose of use of farmland are different in terms of restrictions on activities in an agricultural promotion zone and the subject and details of restriction thereof (the above provisions apply only to cases where the pertinent land is located within an agricultural promotion zone, but only to cases where it is farmland). Article 58 of the Farmland Act provides that an act violating the restriction on activities under Article 32(1) of the Farmland Act shall be punished separately from an act of diverting farmland without permission in violation of Article 34 of the Farmland Act or an act of using diverted farmland for another purpose without permission in violation of Article 40 of the Farmland Act.

2) Article 32 of the Farmland Act.