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Defendants are innocent.
Reasons
1. Defendant A of the facts charged in the instant case is the owner of the interior works of Gangnam-gu Seoul F building 501, and Defendant B is the contractor of the said construction work.
A person who intends to repair a building in an urban area shall obtain permission from the head of the competent Gu.
Nevertheless, at the end of May 2016, the Defendants, without the permission of the head of the competent Gu, dismantled the bearing wall built to the outside of the inside bank of the 501th floor of the above F building and the 6th floor building of the 501st floor of the 6th floor of the ground into the rectangular type (large 2.4m, height 1.2m, thickness 30cm), used the building as the windows.
2. Determination
A. “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, which is prescribed by Presidential Decree (Article 2(1)9 of the Building Act). Enlarging or dismantling 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, is included in substantial repair (Article 3-2 subparag. 1 of the Enforcement Decree of the Building Act). The term “ bearing wall” refers to a wall that generally checks or delivers the load of a building.
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, the Enforcement Decree of the Building Act amended by Presidential Decree No. 21098 on October 29, 2008.