A. On August 31, 2015, the Plaintiff filed a criminal complaint with B with an investigation agency (hereinafter “subject criminal case”), but was subject to a non-prosecution disposition by a public prosecutor who was under the jurisdiction of the Sungnam District Public Prosecutor’s Office (hereinafter “Songnam District Public Prosecutor’s Office”).

B. The Plaintiff filed a lawsuit seeking damages (hereinafter “subject civil case”) with the Seoul Western District Court against the prosecution investigators C belonging to the Sungnam District Court, who investigated the pertinent criminal case.

C. On December 6, 2018, the Plaintiff filed a claim with the Defendant for disclosure of the information indicated in the attached list (hereinafter “instant information”). However, on December 27, 2018, the Defendant issued a notice of non-disclosure decision (hereinafter “instant disposition”) on the ground that the instant information constitutes information subject to non-disclosure under Article 9(1)4 and 6 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. Whether the instant disposition is lawful

A. 1) The Plaintiff’s assertion 1) filed a claim for disclosure of information on the grounds that the instant information was necessary to prove the illegal act of C in the relevant civil case. Since the instant information does not fall under Article 9(1)4 and 6 of the Information Disclosure Act, the instant disposition is unlawful. 2) The Defendant’s assertion is unlawful. The instant information falls under non-disclosure information, excluding the documents on which the principal’s statement is stated in the records of non-prosecution case and the documents submitted by the principal pursuant to Article 20-2 of the Rules on Affairs for the Preservation of Prosecutors’ Office. (B) The disclosure of the instant information is a matter pertaining to criminal investigation, and there is a possibility that it is considerably difficult to perform his/her duties, such as a request for re-investigation without any new evidence