등사불허가처분취소청구의소
1. As to each information described in [Attachment I] Nos. 1 through 3, which the Defendant had against the Plaintiff on March 15, 2019.
Details of the disposition
On April 2017, the Plaintiff filed a complaint with “B around March 2015, in the presence of C and D, etc., the Plaintiff’s “B” (hereinafter “B and two non-party”) on the following grounds: (a) committed indecent act by force on the graduates of a female student in the taxi; (b) on October 2015, the Plaintiff gave up entering a graduate school by compulsioning female student in the private-affiliated event; and (c) on March 4, 2017, the Plaintiff and two non-party B filed a complaint with the E University Legal Team, stating false facts on the Plaintiff, thereby hindering the fair personnel affairs of the school authorities; and (d) committed defamation and interference with business affairs.”
On September 26, 2017, the prosecutor of the Suwon District Prosecutors' Office issued a non-prosecution disposition by the prosecutor of the Suwon District Prosecutors' Office in relation to defamation, or by the ‘defluence of evidence' in relation to obstruction of business affairs.
(2017No. 35972). The Plaintiff filed an appeal with the Seoul High Prosecutor’s Office on the non-prosecution disposition, but the appeal was also dismissed.
(hereinafter referred to as “instant criminal case” on March 14, 2019, the Plaintiff filed an application with the Defendant for perusal and copying of all the records prepared by investigators, among the records related to the instant criminal case. < Amended by Presidential Decree No. 20605, Mar. 14, 2019>
However, on March 15, 2019, the Defendant notified the Plaintiff of the refusal of perusal and copying of the remainder other than the list of case records on the ground of Article 22(1)2 and 5 of the Rules on the Preservation of Prosecution Affairs.
(hereinafter) The disposition rejecting the disclosure of information as stated in the separate sheet No. 1 is based on Article 22 of the Rules on the Preservation of Prosecutors’ Office (hereinafter “instant disposition”). [Grounds for recognition] of absence of dispute, each entry in the evidence No. 1 and No. 2, and the purport of the entire pleadings, and the Plaintiff’s assertion as to whether the instant disposition is legitimate.