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(영문) 광주지방법원 2018.02.07 2017고정1742

도시및주거환경정비법위반

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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Where a cooperative member or a landowner requests perusal or reproduction of documents and related materials concerning the implementation of rearrangement projects, executives of the cooperative shall comply with such request within 15 days.

Nevertheless, on May 10, 2016, the Defendant, the president of the C Housing Redevelopment and Improvement Project Association, was requested to peruse the meeting data of the board of directors held on March 7, 2016 through e-mail from the members E at the above partnership offices located in Gwangju-dong-gu, Gwangju-gu, and did not comply with the request within 15 days.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The Defendant already disclosed on March 18, 2016 the documents and the written application for duplication of the police statement protocol in relation to E [the defense counsel's assertion: the documents for which the complainant applied for perusal was already made public on the Internet car page of the union, and the Defendant already delivered the transcript of the board of directors on March 7, 2016, upon responding to the complainant's request for duplication. Although the complainant was aware of the contents of the board of directors' meeting, he/she again rejected the union's perusal because he/she again filed an application for duplication of the case.

Even if it cannot be deemed a violation of Article 81(6) of the Act on the Maintenance and Improvement of Urban Areas and Residential Environments (hereinafter the “Do’s Act”): The Do’s Act discloses documents and materials related to the implementation of a rearrangement project to the public by posting them on the Internet (Article 81(1)); (b) imposes an obligation to comply with a request for reproduction by owners, such as members, land, etc. (Article 81(6)); and (6) imposes a penal provision for such violation. Meanwhile, in light of the foregoing provisions, the scope of documents and materials subject to the duty to peruse as prescribed in Article 81(6) is larger than the scope of documents and materials subject to the duty to disclose as prescribed in Article 81(6), the legislative intent of Article 81(6) is to provide materials related to the rearrangement project to members through posting on the Internet.