The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant, while installing a reservoir, embling and piling up stone, but this is merely an act of preservation and management to restore the reservoir damaged by natural disasters, etc. to its original condition and is merely an act of preservation and management to restore its original function. Nevertheless, the lower court erred by misapprehending the legal doctrine on the violation of the Act on Special Measures for Designation and Management of Areas subject to Development Restriction, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. In light of the content and scale of the Defendant’s construction works recognized by the adopted evidence, the lower court’s determination constitutes “establishment of a water reservoir” under the proviso of Article 12(1)1 of the Act on Special Measures for Designation and Management of Areas subject to Development Restriction, Article 13(1) of the Enforcement Decree of the same Act, and subparagraph 1 (q) of attached Table 1 of the same Act, and it is difficult to view that the Defendant’s act constitutes a minor act that can be done without permission or reporting under Article 12(4) of the same Act and Article 12(4) of the Enforcement Rule of the same Act.

The decision was determined.

B. 1) In full view of the following circumstances revealed by the evidence duly adopted and examined by the lower court, the Defendant’s act of installing a reservoir within the development restriction zone without permission can sufficiently recognize the fact that the Defendant has changed the form and quality of the stuffed water and tin by piling up the reservoir at least one meter, and it cannot be deemed that the Defendant’s act constitutes a simple dredging for the management of the reservoir, which can be done without permission or report.

(1) Article 12 (1) of the former Act on Special Measures for the Designation and Management of Development Restriction Zones (Amended by Act No. 13670, Dec. 29, 2015) shall apply to the construction and alteration of the use of buildings, installation of structures, and alteration of the form and quality of land in a development restriction zone.