정보공개거부처분취소
1. The Defendant’s disposition rejecting the disclosure of information against the Plaintiff on October 19, 2015 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. The Plaintiff filed a claim with the Defendant for disclosure of information on all documents related to the document appraisal by the Supreme Prosecutors’ Office Scientific Investigation Officer of the Supreme Prosecutors’ Office regarding fingerprints affixed to the letter of confirmation in the Plaintiff’s name among the investigation records of the case No. 2014-type No. 15153 of the Cheongju District Prosecutor’s Office, which filed a complaint with the Defendant on charges of forging B, C, and D, including fabrication of private documents (hereinafter “instant information”).
B. On October 19, 2015, the Defendant rendered a disposition rejecting the above request for disclosure of information on the ground that the Plaintiff “if the instant information is disclosed as a matter of criminal investigation, it would be difficult to perform his/her duties” (hereinafter “instant disposition”).
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserts that the Plaintiff is the complainant of the relevant case and needs to verify the result of the Defendant’s written appraisal of the person without charge of non-prosecution disposition. Accordingly, the instant information should be disclosed. Accordingly, the Defendant asserts that the instant information is subject to non-disclosure under Article 9(1)4 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) that makes it considerably difficult for the Defendant to prevent the instant crime or perform his/her duties with respect to investigation that may arise in the future.
나. 관계 법령 ▣ 정보공개법 제9조(비공개 대상 정보) ① 공공기관이 보유ㆍ관리하는 정보는 공개 대상이 된다.
Provided, That the following information may not be disclosed:
4. As to information pertaining to a trial in progress, the prevention and investigation of crimes, the institution and maintenance of a public prosecution, the execution and correction of a sentence, and security disposition, if disclosed, the performance of duties is significantly difficult or the right of a criminal defendant to fair trial is infringed.