As long as a river falls under the category of a river under Article 2 of the River Act, the application of the River Act shall not be excluded even if the category is changed to the whole land of the State or the site on the land cadastre.

As long as a river falls under the category of a river under Article 2 of the River Act, even if it is deemed that the category has changed to the whole land or site owned by the State on its land cadastre, the application of the River Act is not excluded.

Article 2 of the River Act

Gwangju City Forestry Cooperatives

School juristic persons, sublime Private Teaching Institutes

Gwangju District Court Decision 69Na326 delivered on July 7, 1971

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

The defendant's attorney's grounds of appeal are examined.

According to the facts of confirmation of the court below, the management agency publicly announced the name and the section of the river site in around November 1965 under Article 2 of the former River Act, and even if there is no determination of the area or the drawings under Article 12 of the same Act, the proviso of Article 12 of the same Act provides that the management agency shall recognize the area of the river until the related drawings determined by the management agency are maintained as prescribed by the Presidential Decree. Thus, there is no error of an erroneous interpretation of the River Act that the management agency should recognize and treat the area as a river area in accordance with the above proviso, and even if the land category is changed to a whole or a site owned by the state, so long as it falls under a river under the category of a river under Article 2 of the River Act, the application of the River Act is excluded. Therefore, there is no ground for appeal to the court below that there is an error in the misapprehension of the interpretation of the River Act in the original judgment.

Therefore, the appeal is dismissed by the assent of all participating judges, and the costs of appeal are assessed against the losing party and it is so decided as per Disposition.

The Korean Supreme Court Judge Han-won(Presiding Judge)