The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the facility in this case falls under the “ pedestrian passage installed for the general public to pass on the ground floor of the building” as prescribed by Article 119(1)2(c)3 of the Enforcement Decree of the Building Act, or that the facility in this case falls under the “protruding passage installed for the general public to pass on the ground floor” as prescribed by Article 119(1)3(c) of the same Decree and is not included in the building area or floor area, and thus does not fall under the “extension” as prescribed by Article 14(1)1 of the Building Act.

In addition, Article 111 and Article 14 of the Building Act and Article 119 of the Enforcement Decree of the Building Act are unconstitutional provisions that violate the principle of due process and the principle of no punishment without law and violate property rights

Nevertheless, the judgment of the court below which convicted the defendant is erroneous in misconception of facts or misapprehension of legal principles.

2. The following circumstances acknowledged by the court below based on the evidence duly adopted and examined by the court below, i.e., the facility of this case is a building installed with a roof along with the outer wall or pole on the land that served as a pedestrian passage between the building within the original museum, and the facility of this case, which has a closed structure blocking from the outside, does not correspond to the "protruding or any other similar structure". In addition, the facility of this case, which was installed for the purpose of connecting the three buildings of this case originally constructed, or for the purpose of expanding the entrance of the first resting room, or for the purpose of linking the building of this case with each other, and its body was composed of a wall, and thus, it does not constitute the " pedestrian passage installed for the general public to pass". In light of the above, the defendant's act of installing the facility of this case constitutes an extension necessary for a report under the Building Act.

In addition, the Building Act provides the standards and uses of the site, structure, and equipment of the building.