The Plaintiff was investigated as a suspect in cases of violation of the Trademark Act (No. 2016-type 23724) by the Seoul Northern District Prosecutors’ Office (hereinafter “instant investigation”) and was subject to a non-prosecution disposition on August 30, 2016.

On October 18, 2017, the Plaintiff filed an application with the Defendant for perusal and copy of the documents listed in the [Attachment 1] list (hereinafter “instant information”), but the Defendant rendered a disposition of nonpermission on October 19, 2017 based on Article 22 subparag. 2 of the Rules on the Preservation of Prosecutors’ Office.

(2) Article 22 subparag. 2 of the Rules on the Preservation of Prosecutors’ Offices (which may seriously harm the reputation, privacy, safety of life and body, and peace of life of the person involved in the case due to disclosure of records) may be the basis for the disposition of this case. (hereinafter “Disposition of this case”) . [This case’s information is written as to personal information, such as name, resident registration number, etc. included in the relevant information, which is subject to non-disclosure under Article 9(1)6 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”), and is written as to whether the information of this case falls under the scope of information subject to non-disclosure under Article 9(1)6 of the Official Information Disclosure Act (where disclosed, any information, such as name, resident registration number, etc. included in the relevant information, which is likely to infringe on the privacy or freedom of private life).

Judgment

Although Article 22 of the Rules on the Affairs for the Preservation of Prosecutors' Offices is the Ordinance of the Ministry of Justice enacted on the basis of Article 11 of the Prosecutor's Office Act, it does not have any legal effect in the Rules on the Affairs for the Preservation of Prosecutors' Offices. However, Article 22 of the Rules on the Affairs for the Preservation of Prosecutors' Offices, which limits the reading and copying of records, merely provides administrative rules as administrative rules for the internal affairs of administrative agencies, since there are no legal grounds for delegation.