The defendant shall be innocent.

1. From around December 2, 2015 to May 2016, the Defendant changed the form and quality of land without permission of the competent authority by setting up stone with large stones in Busan Shipping Daegu B, which is a development restriction zone, and by cutting down soil in a flat manner.

2. Determination

(a) Article 12 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development (1) of the Act on Special Measures for Designation of Areas subject to Restriction on Development (hereinafter referred to as "urban/Gun planning project") (1) No zone subject to restriction on development shall construct buildings, change the purpose of use, install structures, change the form and quality of land, cut bamboo and trees, divide land, store goods, or implement an urban/Gun planning project defined in subparagraph 11 of Article 2 of the National Land Planning and Utilization Act (hereinafter referred to as "urban/Gun planning project");

(4) Notwithstanding the proviso to paragraph (1) and paragraph (3), minor acts prescribed by Ordinance of the Ministry of Construction and Transportation for the traffic of the national land may be performed without obtaining permission or filing a report.

"Minor acts prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport" in Article 12 (4) of the Enforcement Rule of the Act on Special Measures for the Designation and Management of Development Restriction Zones (Minor acts that may be performed without permission or reporting) means the acts specified in attached Table 4.

Activities without permission or reporting set forth in attached Table 4 (related to Article 12)

1. Any of the following acts conducted for the purpose of engaging in fisheries in agriculture and forestry:

(a) The definitions of terms used in this Act, which are defined as follows:

1. The term "farmland" means any of the following land:

A. The land actually used as farmland for crops or for growing perennial plants regardless of its legal land category, such as paddy field, paddy field, orchard, and others. (b) The summary of the dispute over the Defendant’s side is not the land reclamation by the Defendant as dry field, but the land already used as dry field.