On April 4, 2015, the defendant selected the head of the Yangcheon-gu Seoul apartment housing remodeling association, and around the above B apartment in selecting a remodeling work executor of the housing in the above B apartment, so it is a single bid by the Dispute Settlement Council, so even though the retender has to be conducted for a competition, the defendant was selected as the contractor by the resolution of the general meeting of the association without retender.

2. Determination

(a) Article 42 (Permission, etc. for Remodelling) (5) of the former Housing Act (wholly amended by Act No. 13805, Jan. 19, 2016) (wholly amended by Act No. 13805, Jan. 19, 2016)

Provided, That the same shall not apply to cases prescribed by Presidential Decree, such as where it is deemed difficult to select a contractor by means of competitive bidding.

A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won:

5. "Cases prescribed by Presidential Decree" in the proviso to Article 42 (5) of the former Enforcement Decree of the Housing Act (wholly amended by Presidential Decree No. 27444, Aug. 11, 2016) (1) means where a person who selects a contractor by means of a competitive bidding, in violation of Article 42 (5), or a person who is selected as a contractor, becomes unable to select a contractor by means of a competitive bidding, because he/she has no bidder or there is no bidder, although he/she has conducted a competitive bidding twice or more to select a contractor;

The amended provisions of Article 47-2 of the Addenda (amended by Presidential Decree No. 23665, March 13, 2012) (amended by Presidential Decree No. 23665) shall apply to cases where the first contractor is selected after this Decree enters into force.

B. Article 47-2 of the Enforcement Decree of the Housing Act to be determined is Presidential Decree of March 13, 2012.