정보비공개결정에 대한 이의신청의 기각결정 취소
1. Of the instant lawsuit, the part concerning the claim for the revocation of non-disclosure of the information stated in [Attachment 1, 2, and 3].
. Details of the disposition; and
A. On February 17, 2016, the Plaintiff was sentenced to two years of imprisonment for the injury resulting from heavy confinement (Seoul Southern District Court 2015Gohap347), and filed an appeal on June 14, 2016 (Seoul High Court 2016No765), but the Plaintiff was declared dismissed on June 14, 2016 (Seoul High Court 2016No765), and on August 19, 2016, the said judgment became final and conclusive on August 30, 2016 (Supreme Court 2016Do9442) (hereinafter referred to as “relevant criminal case”).
The information requested by the plaintiff is known that the disclosure decision has been made on the remainder (BD CCTV and Ray Rabbbbbbm video, victim and defendant's upper body photo) except for the examination of a witness record file (the examination record of a witness).
* CCTV images and black boxes are attached to the records in the form of a photograph, so they are sent in a photograph to be known.
No CD exists. Among the new information requested by the Plaintiff, a witness recording file (victim and C) shall be known to the effect that the decision was made non-disclosure in accordance with Article 9(1)3 of the Official Information Disclosure Act.
B. On September 9, 2016, the Defendant rendered a decision to disclose part of the nonpublic information to the Plaintiff as follows:
(hereinafter “instant disposition”). C.
On September 29, 2016, the Defendant rendered a decision to dismiss the Plaintiff’s objection in accordance with Article 9(1)1 of the Official Information Disclosure Act and Article 59-2(2)1, 3, and 7 of the Criminal Procedure Act on the ground that “the examination of the victim’s witness was conducted in a closed manner in the court and the other witness (related party to the lawsuit) does not consent to his/her own statement.”
[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 6, 12 through 15, Eul evidence 1 through 6, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s instant disposition is unlawful for the following reasons.
1. The defendant shall raise an objection.