Appellant

Seoul District Court Order 2002 and 3041 dated December 16, 2003

The order of the court below is modified as follows.

An appellant shall be punished by an administrative fine of KRW 7,000,000.

According to the records, the head of Songpa-gu Seoul Metropolitan Government imposes a enforcement fine of KRW 15,820,240 on July 29, 2002 as the appellant did not comply with the order within the corrective period, while ordering the appellant to correct the violation of the Building Act, which was already occupied in advance, due to an increase in the size of the area, and the appellant did not comply with the order within the corrective period. The court below that found the appellant's objection to the violation of the Building Act after examining the appellant, can recognize the fact that the appellant imposed a enforcement fine of KRW 10,00,000,000 in consideration of all circumstances.

The appellant's assertion is that since the appellant corrected the conflict part of the right to sunshine and applied for a building permit seeking a design change to the competent authority on the increase in the area, and had already paid an administrative fine for the violation, the enforcement fine determined by the original judgment is too excessive and unfair, and the original judgment should be cancelled.

However, considering the fact that the part in conflict with the right to sunshine is corrected or that there is an ex post facto increase in the area by only the data submitted by the appellant (such as photograph, receipt, etc.), the part in conflict with the right to sunshine cannot be deemed legitimate. However, considering the fact that the appellant has agreed to partially alter the building in this case and considering the fact that the appellant has violated the construction area, and the circumstance where the appellant has a serious disease, the amount determined by the original court is somewhat unreasonable. Thus, the decision of the court below is to change the order of the court below by imposing an administrative fine of seven million won.

Judges Kim Chang-chul (Presiding Judge)