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(영문) 수원지방법원 안양지원 2020.04.23 2020고정94
도시및주거환경정비법위반
Text

Acquittal of the accused shall be acquitted.

Reasons

1. The Defendant is the head of the partnership of B Housing Redevelopment and Improvement Project Association.

The executives of an association shall disclose the documents and data related to the implementation of an improvement project in parallel with the Internet and other methods so that they can be informed to the partners, etc. within 15 days from the date of preparation or change.

Nevertheless, even though the defendant held the third representatives' meeting in the office of the BHousing Development and Improvement Project Association Office located in Gyeyang-gu Seoul Building D around September 22, 2017, the defendant did not make public the list of participants, the minutes of the representatives' meeting submitted, the list of participants, and the written resolution within 15 days, so that the members, etc. can know it.

2. Determination

A. Article 86 subparag. 6 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017; hereinafter the same) provides that an association’s executives who do not disclose the documents and materials related to the implementation of a rearrangement project in parallel with the Internet and other methods shall be punished by imprisonment for not more than one year or by a fine not exceeding 10 million won, in violation of Article 81(1). Article 81(1) provides that the association’s executives shall disclose them simultaneously with the Internet and other methods so that the association members, owners of land, etc., or tenants may know the documents and materials related to the implementation of a rearrangement project within 15

B. The minutes of the board of representatives are the documents stipulated in Article 81(1)3 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and the list of participants and written resolution shall be deemed to constitute “data related to the minutes”

(See Supreme Court Decision 2010Do8981 Decided February 23, 2012). C.

According to the records, the defendant received a summary order of KRW 700,000 on May 7, 2019 that "the third council of representatives in 2017" did not disclose within 15 days the ballot paper of the third council of representatives in 2017.

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