정보공개거부처분취소
1. A disposition rejecting information disclosure made by the Defendant against the Plaintiff on April 7, 2014 shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. The Plaintiff filed a complaint with the investigator B of the Gwangju Regional Correctional Office under the former Regional Prosecutors’ Office on the charge of the abandonment of duties, and B was subject to a disposition not to institute a public prosecution on January 10, 2014.
(Military District Prosecutors' Office 2013 Petition No. 342). (b)
On April 1, 2014, the Plaintiff filed a claim with the Defendant for disclosure of information on the part other than personal information (hereinafter “information of this case”) in the written statement No. B, the Defendant of the instant case, for the purpose of protecting the Plaintiff’s rights.
C. On April 7, 2014, the Defendant rendered a non-disclosure decision that the instant information constitutes non-disclosure information under Article 9(1)1 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) (information provided for as confidential or non-disclosure in accordance with any other Act or any order delegated by any other Act) (hereinafter “instant disposition”).
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) Plaintiff’s assertion (1) Article 20-2 of the Rules on the Affairs for the Preservation of Prosecutors’ Office does not constitute “an order delegated by other Acts or subordinate statutes” under Article 9(1)1 of the Information Disclosure Act, because the rules on the internal administration of administrative agencies. ② Article 9(1)6 of the Information Disclosure Act, which was not the basis for the instant disposition, cannot be asserted as the ground for disposition of the instant lawsuit. (2) According to Article 20-2 of the Rules on the Preservation of Prosecutors’ Offices and Article 3(1) of the Work Guidelines on the Perusal’s Records and the Documents submitted by the person himself/herself, the records of the case completed may be claimed as non-disclosure information under Article 9(1)1 of the Information Disclosure Act
② The instant information is likely to infringe on an individual’s privacy or freedom, and thus, is confidential information under Article 9(1)6 of the Information Disclosure Act.