logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2017.09.08 2017고정254
건축법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

A person who intends to construct a temporary building for any purpose prescribed by Presidential Decree, such as disaster recovery, entertainment, exhibition, or temporary building for construction works, shall commence construction works after filing a report thereon with the Special Self-Governing Province branch office or the head of a Si/Gun/Gu in accordance with

Nevertheless, in 2013, the Defendant newly built a container warehouse facility of 23.45 square meters in Geumcheon-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Investigation reports (Submission of a written statement adding a person responsible for filing an accusation against a violation of the Building Act);

1. Application of the location map and current status photograph statutes;

1. Article 11 subparag. 1 and Article 20 subparag. 2 of the former Building Act (Amended by Act No. 12246, Jan. 14, 2014);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. A container installed by the defendant and his defense counsel is a farming shed or forest management shed and does not constitute a temporary building stipulated in the Building Act, and does not constitute a building report in light of the purport of the provisions of the Mountainous Districts Management Act, etc.

2. In light of the following circumstances acknowledged by the evidence revealed earlier, the Defendant’s and the defense counsel’s above assertion is not acceptable, since it is acknowledged that the container warehouse facilities installed by the Defendant constituted a temporary building subject to reporting under the Building Act, even if they fall under the temporary building subject to reporting.

A. Article 20(2) of the former Building Act (amended by Act No. 12246, Jan. 14, 2014) provides that “A person who intends to construct a temporary building for purposes prescribed by Presidential Decree, such as disaster recovery, entertainment, exhibitions, and temporary buildings for construction works, in addition to the temporary buildings under paragraph (1), shall be a branch office of the Special Self-Governing Province or according to the standards and procedures for the retention of the building, as prescribed by Presidential Decree.

arrow