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(영문) 대법원 2016.02.18 2015도10976

도시및주거환경정비법위반

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Residential Environments (hereinafter “Act”) provides that the Chairperson, etc. of the Promotion Committee, etc. shall make the documents and relevant data under subparagraphs 1 through 9, and make them open to the public in parallel with the Internet and other means within 15 days after the documents and data related to the implementation of the rearrangement project are prepared or modified, so that the owners, such as the association members, the land, etc., or the tenants, may become known. Article 81(3) provides that “the general meeting of residents, the board of directors of the association, and the minutes of the board of representatives,” and Article 81(6) provides that “the documents and related data concerning the implementation of the rearrangement project, including the documents and subparagraphs 1 through 3, and the related data, shall comply with the request within 15 days.

In addition, Article 86 (6) of the same Act provides that "the chairperson or an executive officer of a promotion committee who violates Article 81 (1) or does not comply with the request for disclosure, perusal, etc. in violation of Article 81 (6) shall be punished by imprisonment for not more than one year or by a fine not exceeding 10 million won."

Where the legislative purport of the above provisions is to implement a housing redevelopment improvement project, an executive officer of a cooperative has various powers, such as representing the cooperative and operating enormous business funds, etc., which may cause corruption due to the commencement of construction between executive officers of the cooperative and the members of the cooperative, and the damage to the community and the whole country is directly connected to the rearrangement project. Therefore, in order to secure the transparency of the rearrangement project, it is necessary to disclose documents and materials related to the implementation of the rearrangement project, to ensure the transparency of the improvement project, to ensure the transparency of the improvement project and to satisfy the rights of its members to know, to be disclosed in the main sentence of Article 81(1) of the Act on Urban Community, and to be disclosed to the following documents and related materials.