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(영문) 부산지방법원 2018.09.13 2018고정1200
도시및주거환경정비법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant, as the chairperson of the Promotion Committee for the Establishment of a D Urban Environment Improvement Project, located in the Dong-gu, Busan Metropolitan City, requested perusal or reproduction of documents and related materials regarding the implementation of the rearrangement project within 15 days. However, on January 4, 2018, the Defendant failed to comply with the request due to the failure to cause any harm to the Plaintiff, even though requested reproduction of “a list of union establishment and the list of consenters,” “a list of consenters,” “a meeting of the Promotion Committee on December 26, 2017 concerning the implementation of the rearrangement project,” and “a public document sending all transmitted documents concerning the implementation of the rearrangement project from July 2016 to the public date.”

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement protocol by the police for E;

1. Investigation report (F telephone statement) and investigation report (G telephone statement);

1. Although Article 124(4) of the Act on the Maintenance and Improvement of Urban Areas and Residential Environments provides that the defendant and his/her defense counsel’s assertion regarding the defendant and his/her defense counsel shall comply with the request within 15 days in the event of an application for perusal or reproduction of documents and related materials relating to the implementation of the rearrangement project, the decision period for disclosure of the information on the disclosure of D Environmental Maintenance and Improvement Project Association Establishment Promotion Committee (hereinafter “Rules”) may be extended within the scope of 10 days in cases where the decision cannot be made within the period under Article 10(2) of the same Act due to unavoidable reasons under Article 10(1) of the same Act (hereinafter “Rules”).

The defendant set up the data requested by E within 25 days (10 days under this Regulation, No. 15 days under the Act on the Maintenance of Urban and Residential Environments) and thus did not violate the Act on the Maintenance of Urban and Residential Environments.

The argument is asserted.

First of all, Article 10 (2) of the present Regulation is only the autonomous regulation of the association established under the Non-Act on the Maintenance of Urban and Residential Environments, and its legal nature is recognized.

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