The term "land reclamation" means the land reclamation under Article 2 of the Forestry Products Control Act and the land reclamation under Article 9 of the Act on the Aggravated Punishment, etc. of Specific Crimes, as well as the land reclamation under Article 2 of the Act

(b) Whether the permission under the Forestry Products Control Act is unnecessary because the permission for the establishment of a private cemetery under the Burial and Graveyard, etc. Act has been obtained;

Land reclamation under Article 2 of the Forestry Products Control Act refers to the act of developing farmland or installing or changing annexed facilities by developing natural land as it is, and the act of carrying out the construction of forest roads, parking lots and the act of stopping for the construction of offices using Dozers constitutes damage to forests under Article 2 of the same Act, and the act of clearing or damaging forests is stipulated in the same Article and the act of clearing or damaging forests is the same as the crime or punishment is the same and the act of reclaiming land under Article 9 of the Act on the Aggravated Punishment, etc. of Specific Crimes refers to a combination of the act of damaging land

02. In order to damage the development of forests even if permission for the establishment of private cemeteries under the Burial and Graveyard, etc. Act was obtained in connection with the construction of private cemeteries, permission shall be separately obtained as prescribed by the Forestry Products Control Act.

Defendant 1 and one other

Attorney Cho Jin-jin (Presiding Justice)

Seoul High Court Decision 74No46 delivered on November 8, 1974

All appeals are dismissed.

The grounds of appeal are examined.

1. The decision of the court below on the premise that the development of forest under Article 2 of the Forestry Products Control Act does not necessarily mean that the development of farmland and the installation or alteration of its incidental facilities are limited to the development of farmland and the installation or alteration thereof, and that the construction of a forest road and the suspension work for the installation of a parking lot or an office for a private cemetery in a forest also constitutes the development of the above forest, such as this case, and Defendant 1, as the chief of the affairs of the Kung Park Corporation, an incorporated foundation, who takes overall charge of the affairs related to the construction of a private park cemetery and its construction in a celebl for the head of Yang-gun-gun, Gyeonggi-do, the head of the affairs of the division of the Kung Park Corporation, a person who takes charge of the affairs related to the development of a private park cemetery and its construction in a celebl for the above corporation, and Defendant 2, a person who takes charge of the affairs related to the construction of a private cemetery in the above corporation from May 3, 1971 to August 8, 20000.

2. Article 2 of the Act on the Control of Forestry Products with the aim of regulating damage to forests and the transportation and transaction of illegal forest products requires permission from the Minister of Agriculture and Forestry under the conditions as prescribed by the Ordinance of the Ministry of Agriculture and Forestry, and Article 7 provides that a person who violates the above provisions shall be punished by imprisonment for not more than three years or by a fine not exceeding 20,000 won. Article 9(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that a person who violates the above provisions shall be punished by aggravated punishment depending on the area of the land to be reclaimed. Although the term "redeveloped" in the above Act is not specifically defined, the term "redeveloped" refers to an act of developing farmland, such as a dry paddy field, or installing or altering auxiliary facilities thereof by exploiting the land in nature (see Article 2(4) of the Farmland Development Act), the term "redeveloped" in this context at the time of original approval, but it is reasonable to deem that such act does not affect the construction of forest roads or clearing facilities by misunderstanding the above provisions of the Act.

3. We examine the evidence of the court below in light of the records, we affirm that the defendants knew that the forest authorities should obtain permission to harm the development of land in the process of performing the work as stated in its reasoning. Thus, the theory that fact-finding in the original judgment is just and that the defendants did not commit a crime, and that there was a legitimate reason to believe that the defendants did not commit a crime.

4. In addition, since the Burial and Graveyard Act provides matters concerning burial, cremation, and facilities and management of cemeteries, crematoriums, and charnels, it aims to prevent harm to public health and sanitation and to contribute to the promotion of public welfare by providing for matters concerning the installation of private graveyards under the same Act, it cannot be said that the permission under the Forestry Products Control Act, which differs from the purpose of the same Act, is unnecessary because the permission for the installation of private cemeteries under the same Act was obtained, and the procedure for the permission of the Do governor for the establishment of private cemeteries via the head of Gun, a permitting agency for the control of forest products, cannot be deemed as unnecessary if the permission for the reclamation of private cemeteries is granted. Therefore, the theory of objection cannot be adopted.

Therefore, the appeal is dismissed as it is without merit, and it is so decided as per Disposition by the assent of all participating Justices.

Justices Yang Byung-ho (Presiding Justice)