The defendant shall be innocent.

1. The Defendant, without obtaining permission from the competent authority, changed the form and quality of the land by raising the height of B 1.5 to 3.0 meters at a height of 1.5 meters at a height of B 1,380 square meters at the mid-to mid-sea in Yangju-si in order to the middle-sea, on February 2017.

2. Article 56(1)2 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Article 51 subparag. 3 of the Enforcement Decree of the same Act provide that the form and quality of land should be changed by means of altering the form and quality of land, i.e., cutting, filling-up, suspension, packing, etc., or reclaiming public waters. However, in the case of changing the form and quality of land for farming, exceptions are given to the change of the form and quality of land for farming. Here, the change of the form and quality of land for farming is reasonable to interpret that the change of the form and quality of farmland is made in order to enhance the productivity of farmland, such as crop cultivation in the farmland for which creation has already been completed or a simple guest or small-scale suspension of farmland for the enhancement of soil capacity. Thus, even if a landowner, etc. was required to cultivate the relevant land, the Minister of Construction and Transportation should naturally obtain permission from the competent administrative agency to the extent that the fundamental function of the land is altered or damaged (Article 51 subparag. 48, 208).