The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles);

A. The land B of the Gangwon-gun (hereinafter “instant land”) does not constitute a mountainous district subject to the Mountainous Districts Management Act.

B. In order to manage the instant land, the Defendant merely performed the work of removing miscellaneous grass and treating the remaining end trees of the forest tending project by using clicks, and did not change the form and quality of the instant land for the purpose of creating a building site.

2. Determination

A. Article 2 of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016);

1. The term "mountainous district" means any of the following land:

(Sicker omitted)

(a) Land where standing timber and bamboo are collectively cultivated;

(b) Land where standing timber and bamboo collectively brought up are temporarily lost;

(c) Land used for collective growth of standing timber and bamboo;

(d) Forest roads, work roads, and other mountain passes;

(e) Rocks and small sites in the lands referred to in items (a) through (c);

2. The term "conversion of mountainous district" means using mountainous districts for any of the following purposes or changing the form or quality of mountainous districts for such purposes:

Afforestation, forest tending, or felling and mining standing timber;

(b) Gathering of forest products, such as earth and stone;

(c) Temporary use;

B. The above circumstances are as follows, namely, ① the land category of the instant land is registered as forest land, and the designation of land category as forest land is made for forest land and bamboo land, etc. which constitutes forest and field according to the main purpose of the land (Articles 58 subparag. 5 and 59 of the Enforcement Decree of the Act on the Establishment, Management, etc. of Spatial Data), ② the land area of the instant land is 37,951 square meters in size, and 2,02 square meters in size in size as a slope with a slope of less than 10 degrees in slope, and the Defendant among them is a land site with a 2,002 square meters in size as a chillle.