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(영문) 울산지방법원 2019.02.14 2018고정909
국토의계획및이용에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. A person who intends to divert farmland in violation of the Farmland Act or the National Land Planning and Utilization Act shall obtain permission from the Minister of Agriculture, Food and Rural Affairs, as prescribed by Presidential Decree, and a person who intends to engage in development activities, such as piling up goods in a green area for at least one month shall obtain permission from the

Nevertheless, the Defendant, without obtaining permission from the Minister of Agriculture, Food and Rural Affairs and permission from the competent authority, and from June 2, 2017 to August 22, 2018, performed development activities simultaneously with diversion of farmland by creating a site for an open site, such as piling up goods, such as construction materials, etc., from Gyeyang-si B (land category: 441m square meters, size, and designation as a natural green area) and from the beginning of Jun. 2017 to

2. Any person who intends to divert a mountainous district in violation of the Mountainous Districts Management Act, the River Act, or the National Land Planning and Utilization Act shall obtain permission for the determination of its purposes, and any person who intends to occupy and use land in a river area shall obtain permission from the river management agency, as prescribed by Presidential Decree, and any person who intends to engage in development activities such as piling up goods in a green area for at least one month shall obtain permission from the

Nevertheless, the defendant shall not obtain permission from the Minister of the Korea Forest Service, etc. and permission from the river management agency and permission from the competent administrative agency.

6. From the first patrol officer to the end of August 22, 2018, a site for camping was created, such as piling up goods, such as construction materials, etc. in Yangsan City C (land category: forest, area: designation as a background of 959m, natural green area, and river area) and a site for camping, thereby converting the use of a mountainous district and occupying a river and engaging in development activities simultaneously.

3. The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun/Gu may order a person who engages in development activities to dispose of or take measures for reconstruction or relocation of structures, etc. without permission for development activities;

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