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(영문) 서울행정법원 2019.06.14 2018구합77562

정보비공개처분취소

Text

1. Of the instant lawsuit, the part concerning the claim for the revocation of the non-disclosure of information stated in Section 6 of Attached Table 1.

Reasons

1. Details of the disposition;

A. On October 15, 2014, the Plaintiff filed a lawsuit against B, C, etc. to the Seoul Central District Court for the suspension, etc. of copyright infringement, and around October 2015, the Plaintiff filed a complaint against B, C, etc. to the Seoul Central District Court for the charge of violating the Copyright Act. In the above accusation case, the prosecutor in charge decided on October 28, 2015 against B and C the non-prosecution (Evidence of Evidence) (Seoul Central District Prosecutor’s Office 2014 type73422), and in the above civil lawsuit, the court rendered a judgment dismissing all the Plaintiff’s claims on July 14, 2017.

(Seoul Central District Court 2014Gahap57469). The Plaintiff’s appeal against the said judgment was dismissed on November 30, 2017 (Seoul High Court 2017Na2045217). The Plaintiff’s appeal against the said judgment was dismissed on March 29, 2018 (Supreme Court 2018Da201986).

B. In the above civil procedure, the Plaintiff requested the Defendant to forward all of the investigation records of the above accusation case to the Defendant. On June 9, 2016, the competent court accepted the above application and sent a written request for delivery of documents regarding the above investigation records to the Seoul Central District Public Prosecutor’s Office’s Record Keeping Book. However, on August 23, 2016, the Defendant submitted only the information listed in the attached Table 1 (hereinafter “each information of this case”) and the “written opinion” and “annual book sales (D)” to the competent court.

C. On November 21, 2017, the Plaintiff filed a claim with the Defendant for the disclosure of information pertaining to the information that was not disclosed in a civil lawsuit as above. The Defendant, on December 4, 2017, disclosed the “written opinion” in the investigation records of the said accusation case to the Plaintiff, but the information of each of the instant cases and the “annual book sales volume (D)” (hereinafter “Information Disclosure Act”) shall be as follows: (a) the information pertaining to the trials under Article 9(1)4 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”); (b) the prevention and investigation of crimes; (c) the institution and maintenance of prosecution; and (d) the punishment.