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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. According to Articles 11 and 11-3 of the Housing Act (amended by Act No. 14344, Dec. 2, 2016) amended by Act No. 1434, a person who intends to recruit members to establish a regional housing association shall report to the competent Mayor and recruit members through open recruitment. According to Article 4(2) of the Addenda of the amended Housing Act (amended by Act No. 1432, Jun. 2, 2017), where members are recruited through a daily newspaper to apply for authorization to establish a housing association before June 2, 2017, a person who intends to recruit members shall report to the competent Mayor and recruit members by open recruitment.
(B) In the following, Article 4 subparagraph 2 of the Addenda is referred to as the “instant exceptional provisions.”
In order to obtain authorization to establish a regional housing association, the Defendants recruited 273 members of the D regional housing association from November 30, 2017 to April 24, 2018 without reporting to the old Si/Gun/Gu Mayor.
C. The Defendants merely publicly announced the recruitment of union members in a daily newspaper on June 3, 2017, which was the enforcement date of the amended Housing Act, and did not complete the procedures for recruiting union members. Therefore, the instant exceptional provisions shall not apply.
C. Nevertheless, the lower court rendered a judgment not guilty on the part of the Defendants on the grounds that the exceptional provision applies to the recruitment of members of the Defendants. The lower court erred by misapprehending the legal doctrine as seen above.
2. Determination
A. The lower court rejected the Prosecutor’s assertion in detail as to the Prosecutor’s assertion as the grounds for appeal.
The judgment of the court below is just in light of the following additional points and all the reasons stated in the court below, and there is no error of law by misunderstanding the legal principles of the amended Housing Act.
(b) below: