Cases

201A Study 457 Suspension of Execution

Applicant

* Company

Respondent

1. Prime Minister;

Date of decision

February 22, 2011

Text

The motion of this case is dismissed.

Purport of application

With respect to an applicant, the Prime Minister’s restriction on access to the press room for one month (from February 1, 2011 to February 28, 2011), and the disposition of restricting access to press room and prohibiting provision of press data for one month (from January 24, 2011 to February 23, 2011) from January 24, 201 by the respondent, shall suspend its effect until the judgment of the court of this case between the above parties is rendered.

Reasons

According to the records and the results of the examination of this case, it is doubtful whether the applicant's access restriction on the reporter's room and the prohibition of provision of news report data are a disposition subject to appeal litigation in light of its subject, content, and form. Even if the disposition is considered, the period of access restriction already occurred at the time of the filing of the application of this case, and the coverage itself of the respondent's matters under the jurisdiction of the respondent does not lead to the original damage. Thus, it is not necessary to suspend its effect in order to prevent damage that may be caused to the applicant due to the above measures.

Judges

Justices Kim Hong-do