도시및주거환경정비법위반
The defendant shall be innocent.
1. The summary of the facts charged is the representative liquidator of the redevelopment and consolidation project association of the Seodaemun-gu Seoul Metropolitan Government D Housing Redevelopment and Development Project Association.
The chairperson of a promotion committee or the project implementer shall comply with the request within 15 days, where the members or owners of land, etc. request the perusal or reproduction of documents and materials concerning the implementation of a rearrangement project.
Nevertheless, on December 1, 2016, the Defendant did not disclose “a copy of the entire passbook of the cooperative (including transaction details from September to September 2015)” that was applied by F, G, H, etc. at the office of the redevelopment and consolidation project association for D housing located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and the third floor.
2. Determination
A. The interpretation of penal laws and regulations must be strict, and the interpretation of the meaning of the express language provision to the disadvantage of the defendant is not permitted because it is against the principle of statutoryism in the crime.
B. Article 81(6) of the current Act on the Maintenance and Improvement of Urban Areas and Residential Environments (hereinafter “Act on the Maintenance and Improvement of Urban Areas”) stated in the Act applicable to the facts charged in the instant indictment contains “Article 86 subparag. 6, Article 81(6), and Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions,” and among them, it appears that Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions provide for documents to be followed by the request of association members and landowners, such as land.
However, Article 2(1) of the Act provides for the duty to keep documents and data concerning the implementation of a rearrangement project and the relevant data, etc., and Article 2(2) of the Act provides for the subject of the duty to keep the relevant documents and data, etc. shall be carried out solely by the head of the promotion committee or the project implementer (in the case of a partnership, an executive officer of the partnership or the land owner, etc., including the liquidator, in the case of a partnership).