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(영문) 인천지방법원 2017.03.30 2016고정2912
국유재산법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

A. The phrase is written as follows: “the original change of the permitted property and the installation of facilities in the permitted property cannot be permitted” (Article 10).

In addition, “where an employee does not use facilities for the permitted purpose or arbitrarily installs permanent facilities, etc., permission for use and profit shall be revoked, and no refund shall be made to the original recovery measures and paid user fees” (Article 23), and “this property is located in a railroad protection zone provided for in the Railroad Safety Act, and the matters provided for in relevant Acts and subordinate statutes, such as the Railroad Safety Act (Article 45 of the Railroad Safety Act, restrictions on activities, etc. in the railroad protection zone), shall be complied with” (Article 27) are attached.

2) On July 21, 2014, the Defendant prepared a letter of performance to the same effect as the above stated in the letter of permission on State property and submitted it to the Korea Railroad Facilities Corporation.

3) After obtaining permission to use State property for the instant land, the Defendant sought procedures necessary to install containers from E in the process of newly piling up 12 containers (2.4m* 6m) on the instant land, and was notified by E in accordance with E’s instruction, the Defendant was again informed by E in charge of reporting activities in the Railroad Facility Protection Area at the Korea Railroad Facility Corporation.

According to F’s guidance, the Defendant issued to the Korea Railroad Facilities Corporation a report on an act in a railroad protection zone pursuant to Article 45 of the Railroad Safety Act and Article 46 of the Enforcement Decree of the same Act, and the Korea Railroad Facilities Corporation accepted the said report on April 27, 2015.

4) The report prepared by the Defendant in the course of the instant report on activities within the railroad protection zone is required to state the location of the act, the purpose of the act, or the construction period, etc., and only the site pictures, layout drawings, floor plans, etc. using the “documents submitted” is required, and at the bottom of the report, Article 45 of the Railroad Safety Act and the Enforcement Decree thereof are required.

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