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(영문) 창원지방법원 2019.01.31 2018고정662
문화재보호법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Violation of the Cultural Heritage Protection Act;

(a) A person who intends to alter the form and quality of land or forest that may affect the preservation of the relevant City/Do-designated cultural and cultural environment within a historic and cultural environment preservation area of land shall obtain permission from the Mayor/Do Governor

The defendant is a landowner in Kimhae-si, a historic and cultural environment preservation area B, and the above land is a site adjacent to D of the Do designated type cultural heritage.

Nevertheless, on March 23, 2015, the Defendant changed the form and quality of the land by packing concrete packages of approximately 11 square meters in the above land without obtaining permission from the Kimhae market for changing the form and quality of the land.

(b) Where deemed necessary for managing and protecting City/Do-designated cultural heritage and its historical and cultural environment preservation area, the head of a local government that violates an order to take measures may order a person who commits an act, etc. which is likely to affect the preservation of City/Do-designated cultural heritage to reinstate it without permission from the Mayor/Do Governor, and shall not comply with

On July 2, 2018 and August 2, 2018, the Defendant violated the above order without justifiable grounds even though the Defendant received an order to restore the form and quality of the Defendant’s land in Kimhae-si, a historic and cultural environment preservation area B, to the original state to the original state.

2. Violation of the National Land Planning and Utilization Act;

(a) Any person who intends to change the form and quality of land shall obtain permission from the competent authorities;

Nevertheless, on March 23, 2015, the Defendant changed the form and quality of land by packaging concrete packaging equivalent to about 11 square meters in the land owned by the Defendant in Kimhae-si, Kimhae-si, without obtaining permission from the competent authority.

(b) The competent authority shall revoke permission, authorization, etc., suspend construction, and upgrade structures, etc. to a person who engages in development activities without obtaining permission for development activities in violation of an order to take measures;

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