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(영문) 울산지방법원 2016.04.07 2015노1599
산지관리법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. In principle, excavation more deep than the standard line of extraction is subject to permission to change under the Mountainous Districts Management Act, in light of the content and structure of the relevant statutes, such as the Management of Mountainous Districts Act.

Meanwhile, it is reasonable to view that collecting earth and stones by deep-depth excavation of the extraction standard line without changing the area of collecting earth and stones during the period of permission for the collection of earth and stones constitutes “an increase in the quantity of collecting earth and stones without changing the area of collecting earth and stones (limited to the original permitted period)” under Article 24(3)7 of the former Enforcement Rule of the Mountainous Districts Management Act (amended by Ordinance of the Ministry of Agriculture and Forestry No. 121, Dec. 31, 2014; hereinafter the same). However, considering the language and text of the above provision, collecting earth and stones by exceeding the standard line of collecting earth and stones under the extension of the original permitted period should be construed as a subject of permission for change, not the report for change

Therefore, the defendant's act of collecting earth and stones beyond the standard line of extraction without permission even after the extension of the period of permission for collecting earth and stones constitutes a violation of Article 54 subparagraph 4 of the Mountainous Districts Management Act, and thus, the court below erred by misapprehending the legal principles

2. Determination

A. The summary of the facts charged is that the Defendant, from January 1, 1995 to Ulsan-gun E, Ulsan-gun, worked as a director and vice president of the F (hereinafter “Corporation G”) who is a company collecting aggregate located in Ulsan-gun, Ulsan-gun, as a person in charge of overall business activities, such as collecting earth and stone and managing the said company’s site and selling aggregate. Around June 12, 2003, the Defendant extended the period of permission to the mountainous district of Ulsan-gun, Ulsan-gun, U.S., for “245,967 square meters of permitted area, 7,137,459 square meters of permitted area, 7,459 square meters of permitted area, and the period of permission from June 12, 2003 to May 31, 2013.

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