logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.05.15 2020고정170
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendants shall be punished by a fine of KRW 700,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is the representative director of "B agricultural corporation in Seo-gu Incheon, Seo-gu, Incheon."

1. Defendant A

A. The Defendant shall not construct buildings, etc. in violation of the purpose of designation as a development restriction zone designated by the Minister of Land, Infrastructure and Transport as an owner of a forest of 25,293 square meters in Seo-gu Incheon, Seo-gu, Incheon, and the above land.

Nevertheless, from March 2019 to August 2, 2019, the Defendant newly constructed one container building of 18 square meters per annum on the above land (forest) without permission.

B. The Defendant above A.

As described in the paragraph, one container building was installed without permission.

On April 16, 2019, the defendant did not comply with the above corrective order without justifiable grounds, even though he/she received the order from the head of Seo-gu Incheon Metropolitan City head of the Gu to voluntarily repair (drawing or restoring to the original state) by May 16, 2019.

2. Defendant B Co., Ltd. neglected to exercise due diligence and supervision for the prevention of the violation, and Defendant B, the representative of the Defendant, committed each violation as described in paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ legal statement

1. E statements;

1. A written accusation;

1. Location map and on-site photographs;

1. Application of Acts and subordinate statutes requiring correction of violations within a development restriction zone and correction order within a development restriction zone;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 32 subparag. 1 and 12(1) (unauthorized construction) of the Act on Special Measures for Designation and Management of Development Restriction Zones; Articles 32 subparag. 2 and 30(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones; Selection of fines, respectively;

B. Defendant B Incorporated: Articles 33, 32 subparag. 1, and 12(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones (unauthorized construction) and special measures for designation and management of Development Restriction Zones.

arrow