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(영문) 수원지방법원 2015.09.16 2014고단4883
산지관리법위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

The Defendant in the facts charged of this case is a person who has obtained building complex permission for construction for the purpose of constructing root facilities, etc. in forest land D (current E and F) in E and F, and performed civil engineering works on the land.

1. A person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district types, areas, etc.;

Nevertheless, the Defendant, from February 201 to December 201, 201, performed the civil engineering works with regard to D in terms of harmony, and converted the use of mountainous districts by cutting and banking the land into a boomer, etc. on the ground that it is a facility for preventing disasters (legal surface adjustment) with a size of 606 square meters of Y G and H forests without permission from the competent authority.

2. Any person who intends to modify matters permitted for conversion of mountainous district shall obtain permission for such modification;

Nevertheless, from February 201 to December 201, 201, the Defendant, while carrying out the above civil engineering works from February 201 to December 2, 201, cut and filled up the landscape green belt 1,382 square meters of F in the land where permission was granted without obtaining permission for change, and converted the use of mountainous district to the ground, such as porara, etc. on the ground that it is a disaster prevention facility (legal surface).

3. Where the volume of earth or stone taken out after incidental extraction or collection in the course of conversion or temporary use of a mountainous district exceeds 50,000 cubic meters, permission to collect earth or stone shall be obtained from the competent authority;

Nevertheless, according to the investigation data related to 53,486 cubic meters collected by the defendant while performing civil engineering works at the same time and place as the above paragraph (1) without permission to collect earth and stones, the defendant appears to be the clerical error in the 53,438 cubic meters, but the difference is insignificant and the indictment shall be

The earth and rocks were taken out using dump trucks, etc.

Judgment

1. The Defendant and his defense counsel’s assertion is proceeding with the Civil Works Corporation (the Civil Works Corporation in this case) with the U.S. from Feb. 2, 2011 to Dec. 2, 2011, and the Defendant’s aforementioned Civil Works Corporation, G, I, and F’s land as modified on Nov. 1, 201.

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