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(영문) 서울중앙지방법원 2015.05.21 2015노499
도시및주거환경정비법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 200,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The sentencing of the lower court (one million won of a fine) is too unlimited and unfair.

2. We examine ex officio determination of ex officio the violation of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents due to the refusal of perusal or reproduction of recording files.

A. The summary of this part of the facts charged is the president of the reconstruction and consolidation project association.

Where a cooperative member, landowner, etc. requests perusal or reproduction of documents and related data on the implementation of an improvement project, the executive officers, etc. of the cooperative shall comply with such request within 15 days.

On October 15, 2013, the Defendant rejected the request from F to F of the board of directors for perusal and reproduction of the recording files of the board of directors, which are data related to the meeting minutes of the board of directors, on October 21, 2013, without good cause.

B. (1) Determination (1) Article 81(1) of the Regulations on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that "the partnership's officers, etc. shall make public with the Internet and other means to make it known to the union members, etc. within 15 days after the documents and related materials are prepared or modified in connection with the implementation of the rearrangement project, including the minutes and related materials of the board of directors of the association in relation to the implementation of the rearrangement project." Article 81(2) of the same Act provides that "the partnership's officers, etc. shall make the documents and related materials under paragraph (1) and the general meeting or important meetings (referring to the meetings prescribed by Presidential Decree as accompanied by the bearing of the union members or the owners of lands, etc., or due to the change in rights and duties) shall be kept until the completion of liquidation, and in case of the documents and related materials subject to disclosure under paragraph (1), the list, etc. subject to disclosure shall be notified in writing to the union members, etc. in accordance with the methods and procedures

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