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(영문) 대구지방법원 2018.07.11 2018구합229

정보공개거부처분취소

Text

1. Attached Form that the Defendant rendered to the Plaintiff on January 30, 2018

1. Attached Form of a disposition rejecting disclosure of the information stated in the list;

2. The list.

Reasons

1. Details of the disposition;

A. The Plaintiff, who was sentenced to a three-year imprisonment due to fraud, etc., was confined in the Daegu detention center from September 14, 2015 to February 1, 2016, and was transferred to the Daegu detention center on February 1, 2016.

B. On March 9, 2016, the Plaintiff was diagnosed as “pulmonary tuberculosis with no tax evasion” through the outpatient treatment while being confined in the Daegu detention center.

C. Accordingly, on March 14, 2016, the Plaintiff filed a claim for State compensation with the Daegu District Council, claiming that pulmonary tuberculosis was caused due to failed to receive appropriate medical treatment even though he/she complained of the sediment and the sediment on the part of the Daegu District Council.

(F) The Daegu District Council dismissed the Plaintiff’s application for compensation on the ground that the public official’s tort cannot be recognized after deliberation on September 29, 2016.

On October 13, 2016, the Plaintiff filed an application for reexamination with the Central Council of the Ministry of Justice (No. 2016 Review No. 287, hereinafter “instant application for reexamination”), but the application for reexamination was dismissed on September 22, 2017.

E. On January 9, 2018, the Plaintiff applied for a copy of the fact inquiry, ② reply to fact inquiry, ③ investigation report, ④ notice of mail delivery, ⑤ statement of the record of the State Compensation Case (hereinafter referred to as “instant information”) to the Defendant on the part of the records of the case for which the request for reexamination was filed.

F. On January 30, 2018, the Defendant rejected disclosure of the instant information, excluding the notice of postal delivery, to the Plaintiff pursuant to Article 9(1)4, 5, and 6 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) as follows:

(hereinafter “instant disposition”). The reply to the inquiry of fact - Article 9(1)4 of the Information Disclosure Act - Information pertaining to a trial in progress, prevention and investigation of crimes, institution and maintenance of public prosecution, execution of punishment,