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(영문) 수원지방법원 안양지원 2018.09.04 2017고정724
업무방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant was the chairperson of the 3rd unit of the 3rd unit of the 3rd unit of the 12th unit of the Gunpo-si B (the 443 unit of each complex) (the term of office: from April 29, 2013 to April 28, 2015) of the 3rd unit of the Kapo-si apartment complex C (hereinafter referred to as the “the apartment of this case”).

person is a person.

The apartment of this case did not correspond to multi-family housing subject to compulsory management stipulated by the relevant laws, such as the former Housing Act, but apartment occupants have freely elected one representative by election and managed the apartment.

The committee for the election management of the instant apartment was determined to implement the fourth representative election, and the period of registration of candidates was announced from June 15, 2015 to June 16, 2015, and the period of voting was announced from June 24, 2015 to June 25, 2015.

On the other hand, Article 18 of the Management Rules of the apartment of this case provides that "the representative may serve only once," and Article 50 (4) 6 of the former Enforcement Decree of the Housing Act, which was in force at the time, stipulates that "the person who resigns from the committee for election management with remaining term of office cannot serve as the representative."

On June 15, 2015, the committee for the management of apartment buildings of this case held a meeting around the meeting on June 15, 2015 and decided not to impose any other restrictions, such as Article 18 of the Management Rules, in addition to the nine items of Article 10 (Right of Election) Paragraph 1 of the Rules for the Management of Apartment Buildings of this case concerning the registration of a representative candidate.

At the time, the candidates D had already been appointed as the same representative once.

Other candidates E was commissioned as election management members for the 4th election of the same representative around February 17, 2015, and it was now excluded from their duties due to internal disputes within the election commission around March 2015, and the new election management commission was organized around May 2015.

A dispute over the grounds, etc. for the disqualification of the Dong representative of the apartment of this case is raised against the defendant around June 18, 2015, Article 50 (1) of the former Enforcement Decree of the Housing Act concerning the grounds for the disqualification of the Dong representative.

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