정보공개거부처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On May 8, 2018, the Plaintiff filed an application for adjudication with the purport that the decision of non-prosecution disposition on March 26, 2018 (No. 2018-type and No. 7573) against the suspect B is unreasonable, but was dismissed on July 20, 2018.
(Seoul High Court Order 2018 Elementary District Court Order 2299).(b)
The plaintiff on August 21, 2018.
Although re-appealed against the decision to dismiss an application for adjudication under Paragraph (1), it was dismissed on October 25, 2018 (Supreme Court Order 2018Mo2418), and it became final and conclusive on October 29, 2018.
C. On November 7, 2018, the Plaintiff filed a claim against the Defendant to disclose all the records in Supreme Court Decision 2018Mo2418 (hereinafter “instant information”). However, on November 19, 2018, the Defendant rendered a non-disclosure decision and notified the Plaintiff thereof.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings
2. In light of the fact that the information disclosure system is a system that discloses information held and managed by a public institution, it is sufficient to prove that the person who seeks to disclose information has a considerable probability of holding and managing the information to be disclosed. However, where the public institution does not retain and manage the information, there is no legal interest to seek revocation of the disposition rejecting the disclosure of information, barring special circumstances.
(2) Article 59-2 of the Criminal Procedure Act provides that a public prosecutor’s office which keeps the records of a case for which judgment has become final and conclusive may apply for perusal or copy of the records of a case (see, e.g., Supreme Court Decision 2003Du9459, Jan. 13, 2006). However, the Criminal Procedure Act provides that the public prosecutor’s office which keeps the records of a case for which judgment has become final and conclusive may apply for perusal or copy of the records of a case (see, e.g., Article 59-2 of the Criminal Procedure Act), the facts recognized earlier,