The judgment below is reversed, and the case is remanded to the Seoul Eastern District Court.

The grounds of appeal are examined.

1. Regarding the prosecutor's grounds for appeal

A. On November 21, 2014, the Defendants, an executive officer of a cooperative, did not comply with the request within 15 days, even though they were requested to peruse the documents in the facts charged by the union members.

B. For the following reasons, the lower court acquitted the Defendants on the violation of the Act on the Maintenance and Improvement of Urban Areas and Residential Environments due to the refusal to peruse the data among the facts charged in the instant case.

1) Article 81(1) and (6) of the former Act on the Maintenance and Improvement of Urban Areas and Residential Environments (amended by Act No. 13508, Sep. 1, 2015; hereinafter “former Act”) separate the duty to disclose documents and related data concerning the implementation of a rearrangement project and the duty to comply with the request for perusal and provide for written notification of the list, etc. subject to disclosure under Article 81(2). In light of the fact that Article 81(6) provides that the requester bears the burden of expenses incurred in duplication within the scope of actual expenses, it is reasonable to interpret that the obligation to comply with the request for perusal should be perused within 15 days from the site, unless there is any special reason not to respond to the request.

2) However, in full view of the evidence submitted by the prosecutor, a member only requested a copy of the request for a self-information disclosure on November 21, 2014, and otherwise visited the association within 15 days.

Therefore, the Defendants did not comply with the request for reproduction by union members in violation of Article 81(6) of the former Urban Community Act.

As such, this part of the facts charged constitutes a case where there is no proof of criminal facts.

(c)

However, it is difficult to accept the judgment of the court below for the following reasons.

1) Article 81(6) of the former Act on the Maintenance and Improvement of Urban Areas provides that a union’s executive officer requests perusal.