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(영문) 인천지방법원 2015.06.18 2014고단5647
매장문화재보호및조사에관한법률위반
Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. The summary of the facts charged is a person who served as C from April 12, 2012 to June 30, 2014.

Upon winning C, the Defendant prepared a new E-construction project site (hereinafter “instant E-project site”) within the Incheon Strengthening-gun D site and tried to newly build E.

Reinforcement acid in the vicinity of the Reinforcement Military Office constitutes State-designated cultural heritage under the Cultural Heritage Protection Act, and the E-project site of this case constitutes a historic and cultural environment preservation area under the Cultural Heritage Protection Act within a distance of about 210 meters from the above reinforcement acid.

On the other hand, the Defendant tried to construct a new E building on the ground level 4 and underground 1st (3 meters from cutting and 21.6 meters from the height of the building) in the instant E site.

However, in order to change the current state, such as setting up a building with a height of 17 meters and more than 2 meters underground in a historic and cultural environment preservation area, permission from the Cultural Heritage Administration was required, and the defendant requested permission to change the current state to the Cultural Heritage Administration around September 2012, and obtained conditional permission from the Cultural Heritage Administration on or around September 14, 2012, subject to review by the Cultural Heritage Committee after discovering and investigating the instant E site from the Cultural Heritage Administration.

According to the above conditional permission, the Defendant requested the Korea Cultural Heritage Research Institute to find the relics of the instant E Project Site.

(Re) The Korea Cultural Heritage Institute conducted the first investigation from February 26, 2013 to March 7, 2013. During that process, the instant E site was confirmed as a building site in the era of consideration, such as the discovery of relics in the era of consideration in the instant E site, and the second additional excavation investigation was conducted until May 31, 2013.

Although the second excavation investigation was conducted, it was necessary to conduct a detailed investigation for 3 months in addition because all relics, etc. were not excavated, and the expenses were approximately KRW 150 million.

The defendant is reasonable to bear expenses for additional excavation, and the defendant is to conduct a detailed investigation into the last three months.

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