The case holding that changing the form and quality of fishing place for the establishment of fishing place in the maintenance is an insignificant act that can be done without the permission of the Office.

If the owner of a land located on the waterway, which is located on the waterway and has a low ground and is located in an urban planning zone but whose urban planning facilities are not determined as a production green belt to create it as a fishing place, such an act of changing the form and quality of the land constitutes a minor act that can be performed without permission of the head of Si/Gun as it falls under the proviso of Article 4 (1) of the Urban Planning Act and Article 5 (1) 3 of the Enforcement Decree of the same Act as “the act of changing the form and quality of the land where urban planning facilities are determined, and the land which does not damage urban landscape outside the surrounding land, and the land where urban planning facilities are determined, and is not damaged by soil and rocks, or is collected or stored.”

Article 4 (1) (proviso) of the Urban Planning Act, Article 5 (1) 3 of the Enforcement Decree of the same Act

[Judgment of the court below]

Attorney Lee Ho-ho, Counsel for the head of Seo-gu Incheon Metropolitan City

Seoul High Court Decision 88Gu12617 delivered on June 19, 1989

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The defendant's attorney's grounds of appeal are examined.

The court below held that the plaintiff's act of maintaining 10,593 square meters was part of the land created by the completion of reclamation of the sea on August 20, 1968, and that the plaintiff's act of maintaining 10,593 square meters is always located above the water level and the ground area is low, and the urban planning facilities are not determined as green areas; the plaintiff's act of maintaining 10,597 square meters among them was purchased for the purpose of building the fishing place as well as the maintenance of 7,597 square meters, and the ground for the above alteration of the form and quality of the land is that the plaintiff's act of maintaining 10,000 square meters and 200,000 square meters away from the above 10,000 square meters away from the above 30,000 square meters away from the above 106,000 square meters away from the above 10,000 square meters away from the 106,000 square meters away from the above.

Therefore, the defendant's appeal is dismissed, and the costs of appeal are assessed against the losing defendant. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Jae-sung (Presiding Justice)