The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. Case overview and key issue

A. According to the facts acknowledged by the lower court, the following facts are revealed.

The instant advertising tower, the height of which was 6 meters, was built with a building permit in accordance with the former Building Act (amended by Act No. 4364, Mar. 8, 1991; hereinafter “former Building Act”) which was in force at the time of September 190.

However, according to the former Outdoor Advertisements, etc. Control Act (amended by Act No. 4242, Aug. 1, 1990; hereinafter “former Outdoor Advertisements, etc.”) or the former Outdoor Advertisements, etc. Control Act (amended by Act No. 4242, Aug. 1, 1990; hereinafter “Outdoor Advertisement Act”) which was enforced at the time, the permission for installation of the instant advertising tower itself was not obtained in accordance with the former Outdoor Advertisements, etc. Control Act (amended by Act No. 13726, Jan. 6, 2016; hereinafter “Outdoor Advertisement Act”), and as to the advertisements posted at the instant advertising tower, the permission for installation of the instant advertising tower itself has been obtained for a certain period of time.

B. The key issue of the instant case is whether there was a need to separately obtain permission for installation of bulletin facilities under the former Advertising Act or the Outdoor Advertisements Act in addition to permission for construction of structures under the former Building Act regarding the instant advertising tower at the time of the first installation of the instant advertising tower and thereafter.

2. Whether permission for installation of a bulletin facility under the former Advertising Act should be obtained in addition to permission for construction of structures under the former Building Act (Ground of appeal No. 1)

A. (1) At the time of the establishment of the advertising tower in this case, the former Advertising Act clearly separates the “advertisement”, which is an installation installed to display the advertisement to the public outdoor, and the “facilities to be posted” (Article 2). The Seoul Metropolitan Government Bookbook Mayor/Do Governor maintains scenic landscapes and public morals or harms the public.