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

The grounds of appeal are examined.

1. Regarding ground of appeal No. 2

A. According to Article 30(1) of the former Act on Special Measures for Designation and Management of Development Restriction Zones (amended by Act No. 12956, Dec. 31, 2014; hereinafter “Development Restriction Zones Act”), the head of a Si/Gun/Gu may issue a corrective order, such as removal of buildings, other necessary measures, etc., to the relevant offender (including the owner, manager, or occupant of buildings, structures, and land used for the violation; hereinafter “offender, etc.”) who engages in construction of buildings, changes in the form and quality of land, etc. without obtaining permission under this Act.

In addition, according to Article 30-2 of the Development Restriction Zone Act, the head of a Si/Gun/Gu shall impose a non-performance penalty within the limit of KRW 100 million on a person who has received a corrective order under Article 30(1) and fails to comply with such corrective order within the corrective period (paragraph (1)), and shall impose and collect a non-performance penalty prior to the imposition (paragraph (2)), and may impose and collect a non-performance penalty repeatedly up to twice a year based on the date on which the first corrective order was issued until the corrective order is complied with (paragraph (4). However, if a person in receipt of the corrective order complies with such order, the imposition of new non-performance penalty shall be suspended (paragraph (5)), the criteria for imposing non-performance penalty, and other necessary matters

(9) In full view of the contents, structure, and purport of the relevant laws and regulations, enforcement fines under the Development Restriction Zone Act are not sanctions against past violations, such as non-compliance with the corrective order, but are given to the violator, who fails to comply with the corrective order, a reasonable period for payment is given, and the enforcement fines are not imposed within such period.