The meaning of road under Article 47 of the Road Act

Even if the land category on the cadastral map has been changed to a road, the route has been recognized in accordance with the procedures prescribed in Articles 2 and 11 of the Road Act or the procedures prescribed in Article 10 of the Enforcement Decree of the Road Act and Article 10 of the Enforcement Decree of the same Act shall not be deemed to be a road prescribed in Article 47 of the

Article 47 of the Road Act

Defendant 1 and one other

Prosecutor

Jeonju District Court Decision 82No25 delivered on June 30, 1982

The appeal is dismissed.

The prosecutor's grounds of appeal are examined.

In light of the fact that there is no evidence to regard the road as a road corresponding to Article 47 of the Road Act, the court below did not err by misapprehending the legal principles of the Road Act even after examining the sculptures that found the defendants not guilty, and even if the land category was changed to a road in the cadastral map, it cannot be viewed as a road as provided in Article 47 of the Road Act unless the route was approved in accordance with the procedure provided in Articles 2 and 11 of the Road Act, or the procedure provided in Article 10 of the Enforcement Decree of the Road Act and Article 10 of the Enforcement Decree of the same Act is not implemented. Accordingly, we cannot accept the argument on the premise that the road is a private road in this case where no evidence to see that the road is a private road under the Private Road Act.

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)