Appropriateness of measures taken pursuant to Article 81 subparagraph 2 of the River Act and Article 25 (1) of the same Act with no permission for a river construction work (affirmative)

With regard to the so-called change of the filling-up and shape of the land within a river, such as the construction of a bank in a Geum River basin without permission from the management agency, it is justifiable to impose a rate under Article 81 subparagraph 2 of the River Act and Article 25 (1) of the River Act.

Article 25 (1) and Article 81 subparagraph 2 of the River Act

Defendant

Defendant

Daejeon District Court Decision 83No618 delivered on March 7, 1984

The appeal is dismissed.

We examine the grounds of appeal.

Examining the evidence cited by the judgment of the court below and the judgment of the court of first instance that maintained it by comparing the records, the court below is justified in finding the so-called "the area of the Geum River" of 955 Dolsan-ri, Dolsan-ri, 82 Dolsan-ri, 210,596, and building a bank at the place without obtaining permission from the management agency of the defendant, and as to the so-called "the area of the river" of which the reclamation and shape of the land in the river has been changed without obtaining permission from the management agency of the defendant, and it cannot be said that there was a violation of the theory of lawsuit.

The issue is groundless.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Shin Jong-young (Presiding Justice)