The judgment of the court below is reversed.

The defendant shall be innocent.

Summary of Grounds for Appeal

Since there is no roof on the structure built by the defendant, it does not constitute a building prescribed by the Building Act.

The summary of the facts charged in the instant case and the summary of the facts charged in the lower judgment are as follows: (a) any person who intends to build a building with a total floor area of less than 200 square meters and less than three floors in a management area, an agricultural and forest area, or a natural environment conservation area under the National Land Planning and Utilization Act, shall report to the head of the competent administrative agency, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs; (b) however, the Defendant, without reporting to the competent administrative agency, did not report to the head of the competent administrative agency; (c) the Defendant constructed a pole using a wall, a fume, a fume, using a sandd position board, and constructed a building with a 18 square meters wide (hereinafter referred to as “instant structure”).

The lower court determined that the instant structure constitutes “building” as stipulated under Article 2(1)2 of the Building Act, since the structure of this case was completed with walls built with steel columns and sand site position plates, and the roof of this case was not completed, but built up to wooden ridges and string roof trussess on the roof part, thereby facilitating the completion of the roof, and it constitutes “building” under Article 2(1)2 of the Building Act, since it is possible to distinguish the roof, columns, and walls from the competent office. Therefore, it constitutes a crime of violating the Building Act to newly construct the instant structure within an agricultural and forest area without filing a report thereon with the competent office.

Article 2(1)2 of the Building Act provides that "building" means a structure settled on land, with a roof and columns or walls, and facilities appurtenant thereto, an office, a performance hall, a shop, a shop, a garage, a warehouse installed on underground or elevated structures, and other structures prescribed by Presidential Decree." Meanwhile, Article 2(1)7 of the Building Act provides that "building structures shall have a bearing wall, columns, floors, beams, and roof trusses."