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(영문) 춘천지방법원 2017.05.12 2016구합51946

정보공개거부처분취소

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1. On September 20, 2016, the part regarding the information listed in the attached Table 1 among the disposition rejecting the disclosure of information rendered by the Defendant to the Plaintiff.

Reasons

1. Details of the disposition;

A. On September 9, 2011, the Plaintiff filed a complaint against C as fraud under heading 201-type 53444 of the Seocho District Public Prosecutor’s Office in Chuncheon District Public Prosecutor’s Office, by asserting that C would pay KRW 40 million each of the fraternity deposits from the Plaintiff and B, even though he/she did not have the intent or ability to pay the fraternity deposits even if he/she received the fraternity deposits around March 201, and that C would receive KRW 15 million each of the fraternity deposits from the Plaintiff and B.

B. In the foregoing case, on March 27, 2012, the prosecutor filed a non-prosecution disposition with C in relation to the above suspicion, and the Plaintiff and B filed an appeal with the Switzerland District Prosecutors’ Office 2012 Go and 205 regarding the said disposition, but the said appeal was dismissed on July 9, 2012.

C. On September 20, 2016, the Plaintiff filed a copy of the records under Articles 22 subparag. 201 and 5344 (hereinafter “the records of this case”). However, the Defendant, on the same day, applied for a copy of the complaint, the Plaintiff’s statement, the notification of the progress of the handling of the case (the result), the Plaintiff’s written complaint, the notification of the disposition of the complaint, the Plaintiff’s written complaint, the notification of the Plaintiff’s written complaint, the Plaintiff’s statement of the reason for complaint, the delegation of authority, and the written decision, etc.; with respect to the remaining documents, the Defendant granted a copy of the written complaint only on the grounds that the disclosure of records would seriously undermine the honor, privacy, safety of life and body, or peace of life of the party concerned; and Article 22 subparag. 4 of the Rules on the Affairs of the Prosecution’s Preservation (hereinafter “instant non-permission disposition”).

C. On December 15, 2016, the Plaintiff filed the instant lawsuit seeking revocation of the part regarding the information listed in the separate sheet No. 1 (hereinafter “instant information”) among the instant non-permission dispositions.

【Ground of recognition】An absence of dispute, entry of Gap Nos. 1 and 2

2. Whether the non-permission disposition in this case is legitimate

A. The defendant alleged by the plaintiff.