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| TITLE | Daegu District Court 2022Noh3129 Decided March 30, 2023: Appeal 【Violation of Cultural Heritage Protection Act】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 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. | |
