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| TITLE | Daegu District Court 2022Noh3129 Decided March 30, 2023: Appeal ¡¼Violation of Cultural Heritage Protection Act¡½ [full Text] |
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| Summary | |
| ¡¼Main Issues and Holdings¡½ In the case where: the Defendant has been indicted for violating the Cultural Heritage Protection Act on the ground that the Defendant has committed an act likely to affect the preservation of the State-designated cultural heritage, such as installing a fence without permission from the Administrator of the Cultural Heritage Administration because there was a need to protect the Defendant¡¯s own crops in a historic and cultural environment preservation area, thereby installing a facility likely to spoil the landscape of the State-designated cultural heritage in the historic and cultural environment preservation area, the Defendant is found guilty as charged on the ground that the installation of a fence, such as the fence built by the Defendant, constitutes a facility under Article 21-2(2)(i)(A) of the Enforcement Decree of the same Act, and thus, permission of the Administrator of the Cultural Heritage Administration is required for the installation thereof, and accordingly, the Defendant¡¯s act of installing the fence without permission is a violation of Article 35(1)(ii) of the same Act, and does not constitute a justifiable act, an act out of necessity, or self-help. | |


