Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

Any person who intends to construct buildings, install structures, change the form and quality of land, collect soil and rocks, etc. shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun

Nevertheless, around August 2017, the Defendant changed the form and quality of land by making banking work (area 5,261m2) exceeding 2m high by using C’s earth and sand without obtaining permission to engage in the development of Macheon-si B in Macheon-si, Gyeonggi-do.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Location map, on-site photograph, letter description, site, and survey photograph (the defendant shall be the defendant, and the land B (hereinafter referred to as the “instant land”);

Since the act of raising the above land not more than 2m for cultivation with permission of the owner E, it is argued that permission of development is not necessary.

Article 56(1)2 of the National Land Planning and Utilization Act and Article 51 subparag. 3 of the Enforcement Decree of the same Act stipulate that the form and quality of land should be changed by means of cutting, filling, leveling, paving, etc., or reclaiming public waters. However, in cases of changing the form and quality of land for farming, an exception is provided to the change of the form and quality of land for farming. Here, it is reasonable to interpret that the change of the form and quality of land for farming is made in cases where the form and quality of farmland is changed in order to enhance the productivity of farmland, such as the cultivation of crops in the farmland for which creation has already been completed or the simple cultivation of soil or small-scale suspension of farmland, etc. Therefore, even if the landowner, etc. performed the act of raising the land from the intended intention to cultivate the land, if it reaches the extent that the fundamental function of the land is to be changed or damaged, it is naturally permitted from the competent authority.