Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

Anyone shall obtain permission to occupy and use the Special Metropolitan City Mayor, Metropolitan City Mayors, Metropolitan Autonomous City Mayors, branches of Special Self-Governing Cities, Special Self-Governing Province or the head of Si/Gun who manages any urban park to build facilities, buildings, or structures, other than park facilities,

Nevertheless, on April 2018, the Defendant remodeled a building of 50.18 square meters, an unauthorized building located in Eunpyeong-gu Seoul Metropolitan City, which is located in a city park in Eunpyeong-gu, Seoul, without obtaining permission for occupation and use.

Summary of Evidence

1. A written accusation;

1. A written statement prepared in C;

1. Location map and current status photograph;

1. A certificate of land use plan;

1. The application of Acts and subordinate statutes governing the receipt of reports on the repair of existing unauthorized buildings and the receipt of reports on the renovation thereof;

1. Subparagraph 2 of Article 53 and Article 24 (1) 1 of the Act on the Urban Parks, Greenbelts, Etc. (hereinafter referred to as "park Green Areas Act") concerning criminal facts;

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

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (the defendant has been reconstructed with permission from the competent authority for reconstruction, and thus the facts charged do not constitute an offense.

The argument is asserted.

According to the aforementioned evidence, it can be acknowledged that the construction report (repair) containing replacing the asbestos slate roof on March 26, 2018 with respect to the instant housing, which is an unauthorized building, was accepted. However, this is merely a report on repair of an existing unauthorized building, and it cannot be deemed a building permit or a building report under the Building Act, which is deemed that permission to occupy and use is granted under the Park Green Areas Act, and no other ground exists to deem that the permission to occupy and use under the Park Green Areas Act is deemed as the legal fiction by the Defendant’s report on repair as otherwise asserted by