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(영문) 부산지방법원 동부지원 2018.05.02 2018고정14
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

From March 28, 2015, the Defendant is a person who is working as the president of the C-Housing Reconstruction Project Association from around March 28, 2015.

An executive of a housing reconstruction and improvement project association shall make public the documents and related data concerning the implementation of a rearrangement project prescribed by the "Act on the Maintenance and Improvement of Urban Areas and Residential Environments", such as official documents concerning the implementation of the relevant rearrangement project, along with the Internet and other methods, within 15 days after the documents and data are prepared or modified.

Nevertheless, on July 19, 2016, the Defendant was requested to submit a plan for the implementation of an improvement zone and improvement plan (construction division -D) in accordance with the proposal to modify the improvement zone and improvement plan, which is an official document, from the Si/Gun/Gu office around July 19, 2016, but did not disclose it on the Internet within 15 days thereafter, and did not disclose the documents and related materials related to the implementation of the improvement project, such as the list of crimes in attached Form 1 from around the time to December 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission and Report of Materials by an accuser);

1. The relevant legal provisions and Articles 86 subparag. 6 and 81 subparag. 1 of the former Act on the Maintenance of Urban and Residential Environments (amended by Act No. 14567, Feb. 8, 2017) regarding criminal facts, each of the choice of punishment, and each of the choice of fines [the defendant and his/her defense counsel] asserts that each document is not subject to disclosure, since each document is not a “official document regarding the implementation of a rearrangement project” itself, or “documents that do not affect the interests of union members,” or that each document is not subject to disclosure, or that the annual fund management plan is not subject to “within budget.”

However, the relevant regulations should be interpreted as a provision prepared to transparently carry out the whole process of the rearrangement project by allowing all public documents related to the implementation of the rearrangement project to be disclosed to the partners, etc.

Ultimately, all related to the rearrangement project in question.

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