(a) Definition of change in the form and quality under Article 21 (2) of the Urban Planning Act;

(b) The case holding that where it is difficult to restore land to its original state because the shape of the existing land changes like the playground in the process of using miscellaneous land in a development-restricted zone for a long-term lease and using it as a sand camping ground, it constitutes

A. The purpose of designating development-restricted areas under Article 21(1) of the Urban Planning Act is to ensure the sound living environment for urban citizens, and thus, it is necessary to widely interpret the scope of change in form and quality without obtaining permission within a development-restricted area. Thus, the change in the form and quality of land under Article 21(2) of the same Act shall be deemed to comprehensively refer to the act of changing the form and quality of land by means of

B. The case holding that if it is difficult to restore land to its original state because the shape of the existing land changes like the playground in the process of using sand-free sites, such as piling sand, etc., by leasing sand, etc. on a long-term lease within a development-restricted zone, and transporting it using heavy weathers and trucks, it constitutes the alteration of the form and quality of

Article 21(2) and (3) of the Urban Planning Act, Article 2 subparag. 1 of the Regulations on Criteria for Permission for Change, etc. of Land Form and Quality

Defendant

Prosecutor

Attorney Seo-tae et al.

Seoul Criminal Court Decision 90No6209 delivered on July 10, 1991

The judgment of the court below is reversed.

The case shall be remanded to the Panel Division of the Seoul Criminal Court.

According to the reasoning of the judgment below, the court below reversed the first instance judgment convicting the defendant and acquitted the defendant on the ground that there is no evidence that the defendant used the miscellaneous land in this case as a place of aggregate, such as sand, and he did not constitute a change in the form and quality subject to permission under the Urban Planning Act, on the ground that the miscellaneous land in this case, which is located in a development-restricted zone, was used as a place of

The purpose of designating development-restricted areas under the Act is to ensure the healthy living environment for urban citizens, and from this perspective, it is necessary to widely interpret the scope of change of form and quality without obtaining permission within development-restricted areas. As prescribed by the Ordinance of the Ministry of Construction and Transportation of the original city, the change of form and quality in this context should be deemed to comprehensively refer to the act of changing the form and quality of land by means of a method other than temporary change.

In light of the purpose of designating development restriction zones as above, this case’s land was relatively flat before it was created as a aggregate site, but the beginning was in an idle state. In light of the field photographs bound by investigation records, part of the land’s shape is changed like a playground. Thus, if it is difficult for the Defendant to restore the land to its original state because the shape of the land changed as a sand site in the course of using the land as a sand-free site, such as by leasing the land for a long time, piling sand, etc., transporting it by using heavy season and truck, it is nothing more than the form and quality change due to the creation of a aggregate open site, and the Defendant also has the awareness of it at the time of the creation of a aggregate open site.

Therefore, the court below's decision that the use of sand as a sand-free site is limited to the alteration of the form and quality of land, and the storage of sand does not constitute a change in the form and quality of land by misapprehending the legal principles as to the change in the form and quality of land or violating the rules of evidence, and the appeal by the prosecutor pointing this out is justified.

Therefore, the judgment below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-soo (Presiding Justice)