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(영문) 부산지방법원 2014.05.22 2014고정256
주택법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant performed the duties of the head of the management office of the above apartment without obtaining a housing manager’s qualification from October 28, 2012 to October 1, 2013.

2. Article 98 Subparag. 9 of the Housing Act provides that “A person who performs the duties of the head of the management office without acquiring qualifications as a housing manager, etc. pursuant to Article 56, or a person who let another person who is not qualified to do so, shall be punished by imprisonment for not more than one year or by a fine not exceeding 10 million

Article 55(1) of the Housing Act provides that "A person who falls under any of the following subparagraphs shall assign a housing manager under Article 56(2) as the head of the management office of the relevant multi-family housing, in lieu of a housing manager, to a representative of occupants' representatives (limited to cases of autonomous management), a rental business operator under Article 2 subparagraph 4 of the Rental Housing Act, a business operator before handing over administrative affairs pursuant to Article 43(6) and a housing management operator: Provided, That in cases of a multi-family housing with less than the number of households prescribed by Presidential Decree, a housing manager under Article 56 (1) may be assigned as

On the other hand, Article 43(1) of the Housing Act and Article 48 of the Enforcement Decree of the Housing Act provide that "the collective housing subject to compulsory management by the housing management operator shall be "the collective housing with at least 300 households, the collective housing with at least 150 households installed with elevators, the collective housing with at least 150 households with the central heating system (including the district heating system), the collective housing with at least 150 households, and the housing with the facilities other than the housing and the housing built as the same building with the construction permission under Article 11 of the Building

In light of the provisions of each of the above housing statutes, Article 98 subparagraph 9 of the Housing Act is applicable.

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