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(영문) 부산지방법원 동부지원 2019.06.13 2019고정52
도시및주거환경정비법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is the chairman of the committee for promotion of housing redevelopment project partnership B (hereinafter referred to as “instant promotion committee”).

Where a member, landowner, etc. requests perusal or reproduction of documents and related data concerning the implementation of documents and maintenance projects, the chairperson of the promotion committee or the project implementer shall comply with such request within 15 days.

Nevertheless, around December 15, 2017, the Defendant did not comply with a request to disclose the details of the detailed use of the consulting service cost of KRW 9,50,000,000,000 from (ju) D, which entered into a contract with the instant promotion committee with the land owner, within 15 days. On March 19, 2018, the Defendant did not comply with the request even though it was requested to peruse and copy the said detailed use.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement concerning C in the protocol of interrogation of the suspect against the accused by the prosecution;

1. Determination as to the defendant's assertion of the investigation report (Presentation of Suspect Data)

1. The defendant asserts that the use of the service cost by the LAD is not subject to disclosure, perusal, and reproduction under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

2. Determination

A. The contents of the Act and Article 81(1) of the former Act on the Maintenance and Improvement of Urban Areas and the purpose of legislation provide that "the chairperson of the promotion committee or the project implementer shall make public the following documents and relevant data concerning the implementation of the rearrangement project in parallel with the Internet within 15 days after the documents and relevant data are prepared or modified, so that partners, etc. can know them," and Article 81(6) of the former Enforcement Decree of the Act provides that "where partners, etc. make a request for perusal or reproduction of the documents and relevant data including the following documents and the following documents, they shall comply with such request within 15 days."

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