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(영문) 대법원 2021.02.10 2019도18700

도시및주거환경정비법위반

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. As to the composition requirement

A. The contents and legislative purport of the relevant provisions and Article 124(1) of the Urban and Residential Environment Rearrangement Act (hereinafter “Urban and Residential Environment Rearrangement Act”) stipulate that the implementation chairperson or project implementer (in the case of a partnership, referring to its representative, including a liquidator, in the case of a redevelopment project independently implemented by the owner of an association, a union executive, a land, etc., including a liquidator) shall make the following documents and relevant data available to the public within 15 days after the preparation or modification of the documents and relevant data pertaining to the implementation of a rearrangement project, and stipulates that “management and disposal plan” under subparagraph 5 is stated as the documents subject to disclosure.

Article 124(4) of the Act (hereinafter “Obligation Clause”) provides that where an owner of a cooperative, land, etc. requests the perusal or reproduction of documents and related materials relating to the implementation of a rearrangement project, including the documents referred to in paragraph (1), and the following, the chairperson of the promotion committee or the project implementer shall comply with such request within 15 days, and lists documents subject to perusal under each subparagraph, and prescribes “list of cooperative members” referred to in subparagraph 2.

Article 138(1)7 of the Act (hereinafter “instant penal provision”) provides that a cooperative shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won, with respect to an executive officer, etc. of a cooperative who fails to disclose relevant data in violation of Article 124(1) or to comply with a request by a cooperative member or owner for perusal of land, etc. in violation of the instant obligatory provision.

The legislative intent of these regulations is to stipulate that, in the event that an association implements a rearrangement project, the executive officers of the association have various powers such as representing the association and operating enormous business funds, etc., so the association's officers and construction-related officers may be at fault.