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(영문) 서울북부지방법원 2017.04.20 2017고정58
도시및주거환경정비법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

The chairperson of a promotion committee or the project implementer shall comply with the request within 15 days, where a person who owns the relevant documents and materials related to the implementation of a rearrangement project requests perusal or reproduction of the documents and materials.

Nevertheless, the Defendant, as the chairperson of the Promotion Committee for the Establishment of the C Housing Redevelopment Development and Improvement Project, did not comply with the request within 15 days, even if he/she received a request for reproduction of “the minutes, records, and records of the Residents’ General Meeting on May 27, 2016, the list of owners of land, etc., and all kinds of contracts, etc.” from D as the owner of land, etc. around July 20, 2016.

Summary of Evidence

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes to certification of contents and notification;

1. Article 86 Subparag. 6 and Article 81 Subparag. 6 of the former Act on the Maintenance of Urban Areas and Residential Environments (amended by Act No. 13912, Jan. 27, 2016; hereinafter “Act on the Maintenance of Urban Areas”) on criminal facts

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant's act is a justifiable act that does not go against the social rules when comprehensively considering the following: (a) the counsel for the determination of the claim for a justifiable act of Article 334(1) of the Criminal Procedure Act: (b) the complainant applied for the duplication of documents for the purpose of inducing the complainant; (d) the defendant provided sufficient opportunity to allow the complainant to peruse necessary documents; and (c) the owners, such as other land, refuse to duplicate their personal information.

However, there is a duty of the Chairperson, etc. of the Promotion Committee, separate from the “Perusal” under the Urban Community Act.

The purpose of this Act is to provide for the duty of disclosure of the remaining data except for resident registration numbers, but the defendant does not take such measures, to promote transparency in rearrangement projects and to meet the right of members to know.

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