Key Criminal Case Law Trends Related to the Act on the Improvement of Urban Areas and Residential Environments

Abstract

The Act on the Improvement of Urban Areas and Residential Environments (hereinafter, the Act) has mostly dealt with administrative laws to date. However, in the case of a reconstruction and redevelopment association, criminal punishment imposed on either the association president, maintenance contractor, or constructor serves as grounds for disqualification or dismissal from the position, or the constructor may rescind the contractor agreement. Therefore, the Act should be considered in detail, even under penal laws. From the perspective of penal laws, despite the existence of penal measures under the Act, few indictment cases were available in the early stages of implementation, leading to different decisions in subsequent cases. Recently, however, a precedent has been established as the number of cases has been increasing. Accordingly, this study seeks to outline the penal provisions under the Act and categorize actual penal law cases accumulated to date into four major types of punishment: 1. bribery and fictitious regulations for public officials; 2. selection of constructors and criminal punishment; 3. project progress without a general meeting resolution; and 4. obligation to disclose related data. Thereafter, the study analyzes established rulings and decisions. Regarding corruption involving associations, general crimes under the Criminal Act are also problematic; however, this study is limited to judgments and decisions related to penal provisions under the Act. The Act accumulates rulings and decisions under both administrative and penal laws. As precedents serve as important guidelines for union officials and prospective stakeholders, it is expected that the academic community will actively express opinions on criminal precedents being formed and contribute to establishing rational precedents.