기록등 열람등사 불허가 처분취소
1. Non-permission of the Defendant’s inspection and copying of each information listed in the separate sheet No. 1 attached hereto against the Plaintiff on October 7, 2015.
1. Details of the disposition;
A. On October 6, 2015, the Plaintiff filed a complaint against the Defendant and subsequently withdrawn from the second date for pleading, including each information listed in the separate sheet No. 1 (hereinafter “instant information”) among the records of fraudulent cases against the 201-No. 4256 of the Daegu District Prosecutors’ Office, which received a disposition of non-prosecution (defluence of evidence) from the Plaintiff.
The application for the inspection and copying of the case was filed.
B. On October 7, 2015, the Defendant rendered a disposition of non-permission for inspection and copying (hereinafter “instant disposition”) on the ground that the Plaintiff constitutes “where the record is deemed inappropriate to be disclosed” as prescribed by Article 22(1)5 of the Rules on the Business of Preserving the Prosecutor’s Office. The specific content thereof is likely to seriously impede the protection of the lives, bodies, and property of the people if the instant information is disclosed (hereinafter “Information Disclosure Act”).
Article 9(1)3 of the Information Disclosure Act, including resident registration numbers and resident registration numbers included in the relevant information, which, if disclosed, could infringe on the privacy or freedom of individuals (Article 9(1)6 of the Information Disclosure Act), and a third party’s request for non-disclosure is made.
(Article 21 (1) of the Information Disclosure Act is Article 21 (1).
[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1 and 2, and the purport of whole pleading
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion by the parties does not constitute “order by law” under Article 9(1)1 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”), but does not constitute information subject to non-disclosure under the Information Disclosure Act, since the pertinent information does not constitute information subject to non-disclosure under the Information Disclosure Act.