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(영문) 전주지방법원 군산지원 2020.01.31 2019고정299
공유수면관리및매립에관한법률위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Any person who intends to newly construct, rebuild, extend, alter, or remove a building or artificial structure on public waters shall obtain permission for occupancy or use of public waters from the management agency of public waters, as prescribed by Presidential Decree;

Nevertheless, the Defendant newly built a warehouse on nearby public waters B in Gunsan-si on August 2018 without obtaining permission to occupy or use public waters from the management agency of public waters, and occupied or used a total of 50 square meters of public waters by constructing a storage on nearby public waters C in Gunsan-si on April 2019.

2. Any person who occupies or uses public waters without obtaining an occupancy or use permit or consultation or approval for occupancy or use of public waters shall remove artificial structures, installations, earth and rocks and other things established on the relevant public waters and reinstate such public waters, and the management agency of public waters may order the management agency of public waters to reinstate public waters within a fixed period where a person responsible for recovery fails to take measures, etc. necessary for recovery referred to above;

The Defendant did not comply with an order to reinstate the management agency of public waters by failing to reinstate even if he/she received an order to reinstate (II) around May 9, 2019 from a Gunsan City by constructing a warehouse and a main facility on public waters without an occupancy or use permit as referred to in the foregoing 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written accusation;

1. Restoration orders (the primary and secondary primary orders) due to the illegal occupation and use in each public water surface;

1. The location map of the use of public waters illegally and the application of statutes on site photographs;

1. Article 62 of the Act on the Management and Reclamation of Specific Public Waters and Articles 62 subparagraph 2 and 8 (1) of the Act on the Management and Reclamation of Public Waters (the occupation or use of public waters without permission) concerning criminal facts, management and reclamation of public waters;

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