행정정보공개거부처분취소
1. On October 29, 2014, the Defendant’s disposition of non-permission for inspection and copying against the Plaintiff is revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. The Plaintiff is the accuser of the case No. 2014-type and No. 18086 of the Gwangju District Prosecutors’ Office, and filed an application for inspection or copying with respect to “a copy of the official document related to the management of the Fishery Products Distribution Center” (hereinafter “instant information”) in the records of the instant case on October 29, 2014.
B. On October 29, 2014, the Defendant notified the Plaintiff that the Plaintiff would not allow the Plaintiff to inspect and copy the instant information.
(hereinafter “instant disposition”). C.
On November 3, 2014, the Plaintiff appealed against the instant disposition, and filed an administrative appeal seeking the revocation of the instant disposition with the Gwangju High Prosecutors' Office Administrative Appeals Commissions, but was dismissed on March 12, 2015.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings
2. The plaintiff's assertion and relevant Acts and subordinate statutes;
A. The Plaintiff’s instant disposition is unlawful in the following respect.
1) Although the Plaintiff applied for the inspection and copying of the instant information in the position of the complainant of the relevant case, the Defendant made the instant disposition without disclosing the specific grounds for its refusal. (2) Even if the Defendant took the instant disposition on the ground that the disclosure of the instant information constitutes “where the disclosure of the records is likely to divulge confidential information in the investigative method to be kept confidential or unnecessary dispute is likely to arise,” under Article 22(1)4 of the Rules on the Business of Preserving the Prosecution, it is unlawful for the Defendant to take the instant disposition on the ground of Article 22(1)4 of the said Rules, such as the completion of the investigation into the relevant case, on the ground that the disclosure of confidential information in the investigative method is likely to cause unnecessary or unnecessary new disputes.
(b) Entry in the attached Form of relevant statutes;
3. Whether the instant disposition is lawful
A. Information disclosure by public institutions of relevant legal principles.