[1] Meaning of “the alteration of the form and quality of land for farming”, which is an act that can be implemented without permission under the National Land Planning and Utilization Act and the Enforcement Decree thereof, and whether it constitutes a case where the fundamental function of land was altered or damaged as an act of raising land conducted with the intent of farming (negative)

[2] The case holding that an act created as farmland by reclaiming and raising approximately 11,166 square meters in height of one meter for cultivation does not constitute an act of changing the form and quality of land for cultivation, which is an act that can be implemented without permission under the National Land Planning and Utilization Act and the Enforcement Decree thereof

[1] Article 56(1)2 of the National Land Planning and Utilization Act and Article 51 subparag. 3 of the Enforcement Decree of the same Act stipulate that the form and quality of land should be changed by means of altering the form and quality of land, namely, cutting, filling, leveling, and paving, or reclaiming public waters, and an exception is provided to the alteration of the form and quality of land for farming. Here, “the alteration of the form and quality of land for farming” shall be construed as a case where the form and quality of farmland is changed in order to enhance the productivity of farmland, such as the cultivation of crops in the farmland already developed or the simple cultivation of soil or small-scale suspension of farmland, in order to enhance the productivity of farmland, such as the cultivation of farmland in the farmland for which creation has been completed. Accordingly, even if a landowner, etc. embling the land from the intended intention to cultivate the land, if it is up to the extent that the fundamental function

[2] The case holding that an act created as farmland by reclaiming and raising approximately 11,166 square meters in height of one meter for cultivation does not constitute an act of changing the form and quality of land for cultivation, which is an act that can be implemented without permission under the National Land Planning and Utilization Act and the Enforcement Decree thereof

[1] Article 56 (1) 2 of the National Land Planning and Utilization Act, Article 51 subparagraph 3 of the Enforcement Decree of the National Land Planning and Utilization Act / [2] Article 56 (1) 2 of the National Land Planning and Utilization Act, Article 51 subparagraph 3 of the Enforcement Decree of the National Land Planning and Utilization Act

Defendant

Defendant

Attorney Gangnam-gu

Cheongju District Court Decision 2006No1090 decided May 21, 2007

The appeal is dismissed.

The grounds of appeal are examined.

Article 56 (1) 2 of the National Land Planning and Utilization Act (hereinafter “National Land Act”) and Article 51 subparagraph 3 of the Enforcement Decree of the same Act provide that where the form and quality of land are changed by means of altering the form and quality of land, i.e., cutting, filling, leveling, or paving, or reclaiming public waters, the competent authority’s permission shall be obtained. However, exceptions are made to the alteration of the form and quality of land for farming. The alteration of the form and quality of land for farming is reasonable to interpret that the alteration of the form and quality of farmland is made in order to enhance the productivity of farmland, such as crop cultivation in the farmland already developed or a simple guest-to-small-scale stop work to enhance the land productivity. Thus, even if a landowner, etc. intending to cultivate the land, if the land is filled up to the extent that the fundamental function of the land is altered or damaged, it is naturally required to obtain permission from the competent authority. In light of the above legal principles and records, the act of Defendant 11,160 square meters on a five-day basis, which did not constitute a change in the form and quality of land.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Si-hwan (Presiding Justice)