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(영문) 전주지방법원 정읍지원 2017.04.20 2016고정166
산지관리법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the general manager of Section D of the Limited Company Co., Ltd. in the regular Eup, who exercises overall control over the field management of the above company.

Anyone who intends to collect earth or stone in a mountainous district in a forest, other than a state forest, shall obtain permission from the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu, and the same shall also apply to any revision to permitted matters

Nevertheless, the Defendant did not obtain permission to change the collection of earth and stones from the Si of Jung-Eup, the competent administrative agency, and collected soil and stones from approximately 3,929 square meters in mountainous districts adjacent to the neighboring area, other than the area permitted for permission for the collection of earth and stones, from July 2015 to August 20, 2015.

2. In the following circumstances acknowledged by the evidence duly adopted and examined by the court: ① the Defendant, in the process of undergoing an investigation by a special judicial police officer for collecting earth and rocks outside the permitted area, under the direction of the D representative director to the effect that he/she would take a fine upon being directly examined as a field officer, and make a confession as to the charge of crime as stated in the facts charged; however, the Defendant, upon being promoted to D’s production general manager around July 2015, reported the fact to D’s work site and sent it to D’s subcontractor, and did not have the authority to exercise overall control over the production management of D, which takes place in the instant permitted area, upon receiving instructions from D’s representative director, etc., to take charge of the production management of D, which takes place in the instant permitted area.

(2) The statement made by the representative director F is difficult to believe it is in light of the size, human organization, personnel method, decision-making structure, etc. of the company, and ③ there is no specific direction and supervision of the on-site workers.

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