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(영문) 청주지방법원 충주지원 2013.04.24 2012고정251
하천법위반
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the representative director of the D hotel in C in Chungcheong City.

Where it is necessary to occupy and use land in a river area, excavate, fill up land, cut the ground, or alter the form and quality of land in a river area, he/she shall obtain permission from the administrative agency managing the relevant river.

Nevertheless, during the period from July 4, 2011 to October 31, 2011, the Defendant installed concrete drainage pipes using sckes to change the form and quality of land of approximately KRW 254 square meters, without obtaining permission from the Korea Water Resources Corporation Management Agency for the Haak-si located within the E Water-Quality Area, which is a river area.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Statement of the police statement related H;

1. A written accusation;

1. Each illegal field photograph and data for calculation of an area of illegal act;

1. A certified copy of cadastral map or real estate register;

1. Determination as to whether the elements of each investigation report meet the requirements of a judgment on whether the Defendant established the drainage pipe of this case constitutes the land located within the river area under Article 33(1) of the River Act as the land within the area determined and publicly notified as the river area under Article 44 of the Construction Division public notice of February 12, 1987. The Defendant’s establishment of the drainage pipe of this case constitutes “the excavation, banking and cutting of land and alteration to the form and quality of other land” under Article 33(1)4 of the River Act.

In addition, the Defendant did not obtain permission to occupy and use the water from the Korea Water Resources Corporation Management Agency in relation to the installation of drainage pipes in this case.

Although I obtained permission to occupy and use a part of the real estate located in the business site by the J, a representative director, through a public sale procedure on September 25, 1987, it is deemed that I succeeded to I's business right or river occupancy right of the defendant.

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