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(영문) 울산지방법원 2014.03.20 2013고정1306
개발제한구역의지정및관리에관한특별조치법위반
Text

The defendant shall be innocent.

Reasons

A person who intends to construct a building, change the purpose of use, install a structure, change the form and quality of land, etc. in a development-restricted zone for a factory shall obtain permission from the head of a Si/Gun/Gu.

around June 8, 2010, the Defendant accumulated a stone axis of size 9.4 meters in length and height 1.8 meters in the above land, which is a development-restricted zone, without obtaining permission of the Yangsan City market as the owner of the land in Yangsan-si.

2. Determination

(a) Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won:

1. Any person who has constructed a building, altered the purpose of use of a structure, installed a structure, altered the form and quality of land, cut down bamboo and trees, divided land, stockpiled articles, or performed an urban planning project without obtaining permission under the proviso to Article 12 (1) or Article 13, in violation of any terms and conditions of permission, or in violation of any terms and conditions of permission, shall be prohibited from constructing a building and altering the purpose of use, installing a structure, altering the form and quality of land, cutting down bamboo and trees, dividing land, piling up articles, or implementing an urban

Provided, That a person who intends to conduct any of the following acts may conduct such act with permission from the head of a Si/Gun/Gu:

(2) Notwithstanding the proviso to paragraph (1), the acts prescribed by Presidential Decree, such as substantial repair of housing and neighborhood living facilities, may be reported to the head of a Si/Gun/Gu and reported thereon:

Article 19-9 of the Enforcement Decree of the Act on Special Measures for Designation and Management of Development Restriction Zones (Presidential Decree No. 21887, December 15, 2009), Article 12 (2) of the Act.

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