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(영문) 부산지방법원 동부지원 2019.06.19 2019고정70

도시및주거환경정비법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From May 2015, the Defendant is a person who is working as the president of the CHousing Reconstruction Project Association in Suwon-gu, Busan from May 2015 to the present.

Where members of a cooperative or the owners of a plot of land, etc. request perusal or reproduction of the documents and related data specified in Acts and subordinate statutes for implementing an improvement project, the chairperson of the promotion committee or the project implementer shall comply with such request within 15 days.

Nevertheless, at around 11:00 on March 5, 2018, the Defendant failed to comply with the request within 15 days after receiving a request for perusal or reproduction of “the assessed value of the previous assets by unit and unit of all union members” from D, a union member, at the office of the above union (hereinafter “instant request”).

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to accusations, replys to the public gathering of materials, official text of the several-gu administration, and reference materials to be submitted by complainants;

1. Article 138 Subparag. 6 and Article 124(4) of the former Act on the Improvement of Urban and Residential Environments (Amended by Act No. 15676, Jun. 12, 2018; hereinafter referred to as the “Act”); the selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that “the assessed value of the previous assets by the unit and unit of all the members” constitutes “personal information” as stipulated in the Personal Information Protection Act, and the details of the property are included in both personal information and the details thereof. Therefore, if permission for perusal and reproduction of such information is granted, the interests of the members of the data subject may be unfairly infringed. Thus, the illegality is dismissed by a justifiable act under the Act and subordinate statutes.

Even if the defendant's act is illegal, the act of the defendant is illegal.