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(영문) 수원지방법원 안산지원 2013.09.16 2013고정1367
공유수면관리및매립에관한법률위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is an accommodation proprietor who operates the “C pension” in the member-gu B in Ansan-si, Sinsan-si, the Defendant’s domicile.

1. Any person who intends to occupy or use public waters shall obtain permission for occupancy or use of public waters from the management agency of public waters;

(However, the same shall not apply to cases where a person who has obtained a reclamation license pursuant to Article 28 intends to occupy and use the relevant public waters within the scope of the purpose of obtaining a reclamation license. Nevertheless, from April 2012, the Defendant did not obtain a permit for occupation and use from the management agency of public waters with respect to public waters with an area of 246.6m2 in Ansan-si, Ansan-si, Seoul-si, without obtaining a permit for occupation and use from the management agency of public waters.

2. Where a person who has occupied or used public waters without obtaining an occupancy or use permit from the management agency of public waters receives an order for reinstatement from the management agency of public waters, he/she shall remove artificial structures, installations, earth and rocks and other things installed in the relevant public waters according to an order and reinstate the relevant public waters;

On April 22, 2013, the Ansan City ordered the defendant to remove the facilities related to the entrance and exit and restore the relevant public waters in the public waters occupied and used without permission until May 6, 2013.

Nevertheless, the Defendant did not comply with the above order of the Ansan City, but did not take any measures to reinstate the facilities related to the spawns in public waters by neglecting them to the same extent as before the order

3. Any person who intends to reclaim public waters shall obtain a reclamation license of public waters from the Minister of Fisheries, Mayor/Do Governor or Special Self-Governing Province Governor

Nevertheless, from July 2012, the Defendant is against the public waters with respect to the area of 88 square meters in Ansan-si E.

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