Cases where the Administrator of the Korea Forest Service does not review whether an order to restrict the use of important forest products was issued and punished as a violation of such order.

The defendant was punished as a violation of the above order, without examining and determining whether the Minister of the Korea Forest Service's order to restrict the use of important forest products under Article 16 (1) of the former Forestry Act and Article 18 (2) of the Enforcement Decree of the same Act, and without examining and determining whether the defendant made a tree city by using plugs

Article 9(2) of the former Forestry Act (Act No. 881), Article 16(1) of the Enforcement Decree of the Forestry Act, Article 18(2) of the Enforcement Decree of the Forestry Act, Article 54 of the Forestry Act

Defendant

Daegu District Court Decision 80No2955 delivered on February 26, 1981

The judgment below is reversed, and the case is remanded to Daegu District Court Panel Division.

The gist of the defendant's grounds of appeal is that the application of the law was erroneous because he made a wooden city using sporas used to make a wooden city.

Article 16 (1) of the former Forestry Act applies Article 881 of the former Forestry Act to the judgment of the court of first instance that the court below maintained that the defendant violated an order to restrict the use of forest products by manufacturing a wooden city with grass timber, and that Article 16 (1) of the former Forestry Act provides that "if deemed necessary for forest administration, the Minister of the Korea Forest Service may prohibit or restrict the production or use of forest fuels or other forest products under the conditions as prescribed by the Presidential Decree" and Article 18 (2) of the Enforcement Decree of the above Act provides that "the Minister of the Korea Forest Service may, if deemed necessary to implement the supply and demand plan under paragraph (1) of this Article, designate regions or consumers or producers and restrict or prohibit the use of forest products such as wood fuels, mos, and moss, etc., and the court below should have determined that the above order or restriction order should not be applied to the above person who violated the provisions such as Article 16 of the above Act, and thus, the court below's order or restriction order should not be applied to the above order or restriction order.

Therefore, the judgment of the court below is reversed, and the case is remanded to the Daegu District Court Panel Division. It is so decided as per Disposition by the assent of all Justices who reviewed the case.

Justices Lee Il-young (Presiding Justice)