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(영문) 서울동부지방법원 2017.05.25 2016노1777
도시및주거환경정비법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Act on the Maintenance and Improvement of Urban Areas and Residential Environments (hereinafter “Urban Areas and Dwelling Conditions Act”) does not provide for an executive officer of an association who does not comply with the request for inspection, etc. by the union members regarding “the telephone number among the list of union members,” but rather, Article 86 Subparag. 6 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions does not violate the principle of clarity if it

2. Article 81(6) of the Act on the Maintenance and Improvement of Urban Areas provides that "where a cooperative member requests to peruse or copy documents and related materials relating to the implementation of an improvement project, including its members' list, the project implementer shall comply with such request within 15 days." Article 81(3) of the same Act provides that "If a project implementer peruse or copy them accordingly, he/she shall disclose them except for resident registration numbers." Article 86 subparag. 6 of the Act provides that "a cooperative member who fails to comply with the request for perusal or copy of members in violation of Article 81(6) of the Act on the Maintenance and Improvement of Urban Areas shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20,000 won, or by disclosure of personal information under Article 81(3) of the Act on the Maintenance and Improvement of Urban Areas, excluding Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas, excluding Article 20(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Areas.

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