Whether or not it is necessary to be a homeless at the time of becoming a partner of the housing association.

To become a member of a housing association, even if it is not necessary to be a homeless person before becoming a member of the housing association, at least at the time when he becomes a member of the housing association (in principle, at the time when the association establishment is authorized

Article 3 subparagraph 9 of the former Housing Construction Promotion Act (amended by Act No. 4530 of Dec. 8, 1992); Article 4 (1) of the former Rules on Housing Supply (amended by Ordinance of the Ministry of Construction and Transportation No. 489 of Aug. 1, 1991)

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Domin, Attorneys Han-soo et al., Counsel for plaintiff-appellant)

Defendant

Prosecutor

Seoul Criminal Court Decision 92No6009 delivered on July 7, 1993

The appeal is dismissed.

The Prosecutor's grounds of appeal are examined.

According to the reasoning of the judgment below, Article 4 (1) of the Rules on Housing Supply demanding that a person eligible for housing supply be a homeless householder from one year prior to the date of public announcement of invitation of occupants until the date of occupancy to the date of a homeless householder cannot present the concept of public announcement of invitation of occupants due to its nature in the case where a housing association supplies a house to its members. However, since a association is established to purchase a house for workers who do not own a house, a housing association should be deemed to have confirmed the status of a right to move into a house at the time of approval of a business plan. The court below transferred a house owned prior to the date of approval of the business plan of this case and sentenced the housing association not guilty of the facts charged

However, even if a member of a housing association does not need to be a homeless person before he becomes a member of the housing association, at least when he becomes a homeless person (in principle, at the time when he becomes a member of the housing association (see Supreme Court Decision 93Do267, May 14, 1993). Thus, the court below erred in holding that the court below should meet the requirements for a homeless householder at the time of approving a business plan. However, according to the records, as the court below duly decided, the defendant sold it to others as the head of the household who owns one debt among the new-dong-dong apartment 2, Gangdong-gu, Seoul, 209 and completed the registration of ownership transfer on March 23, 1989, and joined the Pungdong-dong apartment joint workplace housing association consisting of the homeless employees working for the Korea Highway Corporation, Hyundai Automobile Co., Ltd., Ltd., and the above association was approved on May 13, 198.

Therefore, the decision of the court below that judged that there is no proof of a crime against the defendant and sentenced not guilty is just in the result of the decision of the court below, and there is no reason to discuss.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Yong-sik (Presiding Justice)