도시및주거환경정비법위반
The judgment below is reversed, and the case is remanded to the Seoul Eastern District Court.
The grounds of appeal are examined.
1. A. The purport of Article 24(3)5 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions (amended by Act No. 12960, Jan. 6, 2015; hereinafter “former Act”) stipulating “a contract that becomes a partner’s burden, other than the matters prescribed by the budget,” as a resolution of a general meeting, is to ensure that the members’ intent is reflected in matters that directly affect the rights and obligations of the members.
Therefore, if an executive officer of a union entered into a contract to become a partner without prior resolution, it constitutes a crime in violation of Article 85 subparagraph 5 of the Act on the Law of Urban Community.
However, given the nature of a rearrangement project, it is difficult to make a prior resolution at a general meeting on all the affairs to be promoted by a cooperative. In light of the purport of the aforementioned provision of law, if the purpose and content of a contract to be promoted by the general meeting in advance and the degree of the burden to be borne by its members, are generally indicated and the resolution was passed at the general meeting, it can be deemed that a prior resolution has been made (see, e.g., Supreme Court Decisions 2009Do14296, Jun. 24, 2010; 2015Do9533, Sept. 10, 2015). Therefore, if a cooperative’s burden increases without a general meeting’s resolution, and the interests of its members are not infringed upon by concluding a contract with which information that could sufficiently anticipate the degree of the burden of its members during the resolution at the existing general meeting, it is necessary to interpret it harmoniously in light of the purpose of prior resolution so as not to interfere with the smooth implementation of
2. A. The summary of the facts charged in this case (except for the portion of the charge) is KRW 26.4 billion for relocation, without a general meeting resolution, by the Defendant, who is the president of the Housing Redevelopment Association, to borrow funds from the association’s general meeting.