All appeals filed by the prosecutor against the Defendants are dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) cut the bearing wall built outside the inside of the bank of Gangnam-gu Seoul Metropolitan Government FF building 501 into a rectangular type (2.4m in width, 1.2m in height, 30cm in thickness) is a case where the Defendants dismantled part of the bearing wall by removing part of the bearing wall “to the extent that the dangerous situation may change” as provided by Article 3-2 subparag. 1 of the Enforcement Decree of the Building Act.

Therefore, there is a possibility that the Defendants’ act may change the risk situation of the above building.

The judgment of the court below that acquitted the Defendant of the facts charged on the ground that it is difficult to conclude it is erroneous and affecting the conclusion of the judgment.

2. Determination

A. 1) The term “large-scale repair”, which is an act subject to permission or reporting under the Building Act, means repairing, altering, or extending the structure or external form of columns, beams, bearing walls, main stairs, etc. of a building, as prescribed by Presidential Decree (Article 2(1)9 of the Building Act). The extension or dismantling of a bearing wall, or repairing or altering the wall area of at least 30 square meters, which does not constitute extension, remodeling, or reconstruction of at least 30 square meters, shall be included in large-scale repair (Article 3-2 subparag. 1 of the Enforcement Decree of the Building Act). The term “ bearing wall” refers to a wall to check or deliver the load of a building generally.

Article 3-2 Subparag. 1 of the former Enforcement Decree of the Building Act (amended by Presidential Decree No. 19466 of May 8, 2006) provides that “repair or alteration by demolishing at least 30 square meters of wall size of a bearing wall” shall be deemed large-scale repair.

In the Enforcement Decree of the Building Act amended by Presidential Decree No. 19466, May 8, 2006, the definition of large-scale repair was revised to read as “extension or dismantling of a bearing wall, or repairing or altering a bearing wall area of at least 30 square meters,” thereby adding “extension of a bearing wall” to “breaking a bearing wall,” and deleted the content that limits the bearing wall area of at least 30 square meters to “breaking a bearing wall.”

After that, October 29, 2008.