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(영문) 대전지방법원서산지원 2020.10.26 2020고정52
산지관리법위반등
Text

Defendant shall be punished by a fine of two million won.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to change the form and quality of land shall obtain permission from a competent authority for development activities, and a person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to classification of the types, areas, etc. of mountainous

Around November 2018, the Defendant: (a) obtained permission to convert a mountainous district with respect to 759 square meters in total of 8,278 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, C, D, and E Forest (hereinafter “instant forest”); and (b) delegated F, a construction business operator, to take charge of the on-site supervision of the construction of a site and access road in the said forest on January 20, 2019.

F From March 2019 to April 2019, during the construction of a detached house and an access road in the area of 759 square meters, for which permission for development and permission for mountainous district conversion was granted, among the instant forests, from March 2019 to April 2019, F cut the maximum of 4 meters in depth by using a digging hole from the area of 2,520 square meters not permitted among the instant forests, and converted the use of mountainous districts in a manner of raising a maximum of 1.5 meters high.

As a result, F, an employee of the defendant, changed the form and quality of land without obtaining permission for development activities as above, and converted mountainous district without obtaining permission for mountainous district conversion.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. An interrogation protocol of F by prosecution;

1. Police suspect interrogation protocol of the accused;

1. A written accusation;

1. The defendant and defense counsel asserted that the F is not liable for the violation of the joint penal provisions, since the F was appointed as a person in charge of management and performed the construction of this case under strict management.

In specific cases at issue, whether a corporation or an individual neglects the duty of due care or management and supervision, is all the circumstances related to the violation in question.

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