The defendant shall be innocent.

1. A person who intends to construct a building, change the use of a building, install a structure, change the form and quality of land, etc. within a development restriction zone under the indictment shall obtain permission from the competent authority;

Nevertheless, C, without permission from March 2014 to April 2014, using equipment, such as porails and dump trucks, cut off the land of Seo-gu Incheon, Seo-gu, Incheon, Da, E, and F, and laid down approximately approximately 8,00 square meters of the above D land, and installed three concrete columns.

G, without permission from May 2012 to August 2013, 2013, G, using equipment, such as dump trucks and sump sump trucks, conducted a change in the form and quality by raising land of about 1.8m or 2m in height on approximately 46,00m of 13 lots, Seo-gu, Incheon.

The Defendant, as the owner of the land in Seo-gu Incheon, did not comply with the corrective order issued under the name of the head of Seo-gu, April 8, 2014 and June 5, 2014, stating that each of the above illegal acts should be corrected.

2. Determination

A. Article 30-2(1) of the Development Restriction Zone Act provides that the enforcement fine shall be imposed on a person who fails to comply with the corrective order within the corrective period after receiving the corrective order, and Article 30-2(2) of the Development Restriction Zone Act provides that a prior written instruction shall be given to the effect that the enforcement fine shall be imposed and collected if the enforcement fine is not complied

However, prior notice of imposition of a non-performance penalty constitutes an indirect administrative compulsory execution means to ensure the performance of an obligation in the future by providing psychological pressure to a person who is obligated to impose a certain monetary burden if he/she fails to perform the obligation by a given time limit.

Therefore, the person subject to the imposition has given a prior notice of the charge for compelling execution by a written notice stating the obligation to perform the obligation exceeding the content of the obligation under the administrative law.