A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

No development activities shall be performed, such as construction of buildings, change of the purpose of use, installation of structures, change of the form and quality of land, deforestation of bamboo and trees, partition of land, piling-up of goods, etc. in a zone subject to development restriction, and in order to perform an act, such as construction of buildings of a certain size, a Special Self-Governing City Mayor, the Special Self-Governing Province, the heads of Sis/Guns

The head of a Si/Gun/Gu may issue a corrective order to an offender, etc. who has constructed a building without obtaining permission or in violation of any terms and conditions of permission within a reasonable period, and the offender shall comply with such corrective order.

[2016 Highest 9053]

1. In around July 2016, the Defendant without permission: (a) installed a new outer wall of a restaurant building operated by the Defendant without obtaining permission from the competent authority; and (b) increased the size of the area of 159.9 square meters in the place where customers take meals.

Accordingly, the Defendant performed development activities in the development restriction zone without permission from the competent authorities.

2. Non-compliance with corrective orders;

A. On August 16, 2016, the Defendant issued a corrective order to restore the part of the extension indicated in paragraph (1) from the head of Nam-gu Incheon Metropolitan City Office to its original state by September 7, 2016, but did not comply with the corrective order within the above period.

B. On September 29, 2016, the Defendant issued a corrective order to restore the part of the extension indicated in paragraph (1) from the head of the Nam-gu, Southern-gu to its original state by November 30, 2016, but did not comply with the corrective order within the said period.

[2017 Highest 99]

3. Non-compliance with corrective orders;

A. From May 201, the Defendant operated “F” restaurant in the E-Si E development restriction zone (a size of approximately 2,332 square meters) in Chungcheongnam-si. Around that time, the Defendant installed a steel-frame tent (a size of about 20 square meters) and a container (a size of about 75 square meters) without obtaining permission from the competent authorities, and the land with a form and quality changed by stopping and packaging without permission.