Criteria for determining whether "area with a concern about serious damage to the surrounding environment, wind, scenery, etc." as provided in Article 4 (1) 1 of the Regulations on Standards, etc. for Changing Land Quality and Quality of Land (Ordinance No. 328)

In determining whether the act of changing the form and quality of a certain land is "area which may seriously harm the surrounding environment, climate and scenery, etc." as stipulated in Article 4 (1) 1 of the Regulations on Standards, etc. for changing the form and quality of land (Ordinance of the Ministry of Construction and Transportation No. 328) enacted by delegation of Article 5-2 of the Enforcement Decree of the Urban Planning Act, the impact of the act of changing the form and quality of the land on the surrounding environment, landscape, etc. as well as the surrounding environment, landscape, etc. of the land adjacent to the land shall be comprehensively determined in relation to the urban landscape and whether it is necessary to preserve the original form

Article 4 (1) 1 of the Urban Planning Act, Article 5-2 of the Enforcement Decree of the same Act, Article 4 (1) of the Rules on Standards for Changing Land Form and Quality, etc.

[Judgment of the court below]

[Defendant-Appellee] Kim Jin-jin, Counsel for defendant-appellee

Seoul High Court Decision 88Gu3514 delivered on November 2, 1988

The judgment below is reversed and the case is remanded to Seoul High Court.

We examine the grounds of appeal.

(1) According to Article 4 (1) 1 of the Urban Planning Act, any alteration in the form and quality of land in the urban planning zone shall not be permitted by the head of Si/Gun without permission. According to Article 5 (2) of the Enforcement Decree of the same Act, when granting permission under Article 4 (1) of the same Act, the head of Si/Gun shall not grant permission if it is feared that such alteration in the form and quality of land may interfere with the rational use of the land or urban planning projects, which are not in conformity with the standards as determined by the Ordinance of the Ministry of Construction and Transportation. Article 4 (1) of the Regulations on the Standards, etc. for Change in the Form and Quality of Land, etc., of the Ministry of Construction and Transportation, enacted by delegation by the above Presidential Decree, provides that the head of Si/Gun shall not grant permission under the provisions of Article 4 (1) of the Act within the area falling under any of the following subparagraphs, and refers to the area where the surrounding environment

(2) The court below acknowledged that the land of this case is located in the slope of 50 degrees south of the west river basin located in the west river basin. Since the land of this case is located in the slope of 50 degrees south of the west river basin, the land of this case was sloping by several rain erosion control projects since it was not well established in the past, and as it was sulified, the land of this case was designated as an erosion control area and the land of this case was executed mainly for about 30 years before it was designated as an erosion control area and the land of this case was restored to 10 meters away from the land of this case, and the land of this case was released from the designation of an erosion control area on January 16, 1986 as an erosion control area under the 86-3 of the Gangwon-do Public Notice, but its limit was almost high before the construction of the land of this case and the land of this case was changed to 10 meters in the shape and quality of the forest of this case and 24 meters adjacent to the forest land of this case.

According to the court below's decision, the land of this case is part of the forest of 50Do 00, south of the west area located in the west area of Gangseo-si, and the land of this case is the place where erosion control work is completed by planting Kakacia and original trees from 30 years ago. At a distance of 100 meters from the straight line to the west area of the land of this case, the river hill school designated by 99 of the Gangwon-do Tangible Cultural Heritage Act has the Do 214 and the fhill school was designated by 8 of the tangible Cultural Heritage Act, and the flusium of YJ is the flusium of 5 years old and flusium, and the flusium of flusium was the place where the flusium and flusium of the flusium in the flusium area of the flusium in the flusium area of the flusium and the flusium of the flusium.

In determining whether the act of changing the form and quality of the land in this case is likely to seriously harm the surrounding environment, wind, scenery, etc., the impact of the land in this case on the environment, wind, landscape, etc., which is the surrounding land, as well as the environment, wind, landscape of the land in this case due to changes in the form and quality, shall be further determined on the necessity of preserving the original form of the land in this case and the surrounding environment in light of the aesthetic view, and on the urban landscape of Gangnam City

However, the court below judged that the original trees and Acaro trees planted on the land of this case were 1% of each factor, and the miscellaneous trees and miscellaneous trees were used as dry field, and the partial land was designated as a disaster risk area due to landslides, and construction of a building without leaving the land of this case designated as a residential area as a forest or miscellaneous land alone, would rather enhance the economic efficiency of the land. In other words, the court below determined that the construction of a building would not be "area which is likely to seriously damage the surrounding environment, wind, scenic view, etc." due to only the circumstances of the land in question, which is the fact that the above change of the form and quality is used as dry field, and that there is an error of law by misapprehending the legal principles as to the above change of the form and quality, which did not examine and determine the surrounding circumstances other than the pertinent land.

Therefore, the judgment of the court below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Park Yong-dong (Presiding Justice)