The defendant's appeal is dismissed.

1. The defendant's act of raising the ground of appeal in this case constitutes an act that can be done without permission because it constitutes a change in the form and quality of land for the cultivation of farmland, but the court below found the defendant guilty on the ground that the act of raising the ground in this case is subject to permission under the National Land Planning and Utilization Act (hereinafter "National Land Planning Act") and the Enforcement Decree of the same Act, and thereby, erred by misapprehending the legal principles

2. Determination

A. Relevant regulations and legal principles 1) The provisions pertaining to permission for development activities, such as changing the form and quality of land, among the National Land Planning Act, the Enforcement Decree of the same Act, and the directives of the Ministry of Land, Transport and Maritime Affairs

(1) A person who intends to engage in any of the following activities prescribed by Presidential Decree (hereinafter referred to as "development activity") shall obtain permission for the development activity (hereinafter referred to as "development activity") from the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Special Self-Governing City Mayor, or head of a Si/Gun/Gu:

Provided, That this shall not apply to acts performed under an urban or Gun planning project.

(4) Any of the following activities may be conducted without obtaining permission for development activities, notwithstanding paragraph (1):

Provided, That where emergency measures under subparagraph 1 are taken, a report shall be filed with the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province branch, Si or Gun within one month

3. Other minor acts prescribed by Presidential Decree and subject to permission for development activities pursuant to Article 51 (1) of the Enforcement Decree of the National Land Planning and Utilization Act (subject to permission for development activities) (1) of the Act shall be as follows:

3. Change to the form and quality of land: Land shall be changed by cutting, filling up, suspending, packing, etc.;