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(영문) 울산지방법원 2015.10.22 2015고정1128
산지관리법위반등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Any person who intends to alter the form and quality of land in violation of the National Land Planning and Utilization Act shall obtain permission for development from the relevant government

Nevertheless, on July 2013, the Defendant did not obtain permission for development, and around 2013, performed 2,140 square meters of land in Yangsan-si, which was composed of general yellow soil, and 6 meters of high-level 2,140 square meters of land. The Defendant changed the form and quality of land by spreading miscellaneous stone on 110 square meters of land.

2. Violation of the Public Waters Management and Reclamation Act;

(a) Any person who intends to occupy or use public waters shall obtain permission for occupancy or use of public waters from the management agency of public waters;

Nevertheless, on July 2013, the Defendant occupied and used public waters by putting the land category into “river” and using the public waters as farmland after raising it on approximately 956 square meters of land in Yangsan-si, which falls under public waters without obtaining permission to occupy and use public waters.

(b) Any person who occupies or uses public waters without obtaining an occupancy or use permit of such public waters shall reinstate the relevant public waters;

Nevertheless, on February 2014, the Defendant did not comply with an order to reinstate, until April 30, 2014, the act of occupying and using public waters, as above, from the Yangsan market.

3. A person who intends to convert a mountainous district into a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to the classification of types, size, etc. of mountainous districts prescribed by Presidential Decree

Nevertheless, on July 2013, without obtaining permission for mountainous district conversion, the Defendant converted the use of a mountainous district to farmland, such as cutting the land, on which standing timber is growing, into the 737 square meters, among D, E, and F, in Yangsan-si, which falls under “a mountainous district,” and installing a vinyl house, and planting the sculatory species, etc.

4. Any person who intends to construct a building in violation of the Building Act shall obtain permission from the relevant administrative agency;

Nevertheless, the Defendant did not obtain a construction permit but around July 2013.

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