The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The facts charged in this case where the defendant excavated the public waters floor was sufficiently proved, and the act must obtain permission pursuant to the relevant Acts and subordinate statutes, but the judgment of the court below which found the defendant not guilty is erroneous in the misapprehension of legal principles.

2. Determination

A. The definitions of terms used in this Act are as follows: (i) Article 2 (Definitions) of the Public Waters Management and Reclamation Act (hereinafter “Public Waters Act”) (hereinafter “the Public Waters Act”).

1. The term "public waters" means the following:

Sea: Space from a coastline referred to in Article 6 (1) 4 of the Act on Land Survey, Waterway Survey and Cadastral Records to the outer limit of the exclusive economic zone under the Exclusive Economic Zone Act.

(b) Seashores: Any person who intends to perform an act falling under any of the following items under Article 8 (1) 4 between the coastline referred to in Article 6 (1) 4 of the Act on Land Survey, Waterway Survey and Cadastral Records to the area registered in the cadastral record shall obtain permission (hereinafter referred to as "permission for occupancy or use") for occupancy or use (hereinafter referred to as "use or use") of public waters from the management agency of public waters, as prescribed by Presidential Decree:

Provided, That this shall not apply where a person who has obtained a reclamation license pursuant to Article 28 intends to occupy and use the relevant public waters within the scope of the purpose of obtaining the reclamation license.

2. Excavation any land contiguous to public waters below the surface of the public waters;

3. Dredging or excavating the bottom of public waters;

5. Drawing in water from public waters or flowing out water to public waters: Provided, That acts prescribed by Ordinance of the Ministry of Oceans and Fisheries shall be excluded herefrom;

"Activities prescribed by Ordinance of the Ministry of Maritime Affairs and Fisheries" in the proviso to Article 8 (1) 5 of the Enforcement Rule of the Public Waters Act (Exemption from Permission for Occupancy or Use of Public Waters) means active activities.