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(영문) 광주지방법원 2015.05.07 2012구합3422

부작위위법확인

Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On February 2, 2012, the Plaintiff filed a complaint with the Gwangju District Prosecutors' Office, the Seocheon Construction Co., Ltd., and the Korea Highway Corporation, respectively, for the violation of the Farmland Act and the Wastes Control Act, and the police officer in charge of investigating the above case under the direction of the prosecutor's investigation was sent to the C Branch Office of the Gwangju District Prosecutors' Office as non-prosecutions' opinions.

On April 5, 2012, the Prosecutor E of the C Branch Office of Gwangju District Prosecutors' Office in charge of the foregoing case filed a non-prosecution disposition (D of the C Branch Office of Gwangju District Prosecutors' Office) with respect to the above case which the Plaintiff filed.

(2) On April 12, 2012, the Plaintiff filed an application for notification of the reasons for non-prosecution with respect to a non-prosecution case (hereinafter “relevant complaint case”). On April 12, 2012, the Plaintiff filed an application for notification of the reasons for non-prosecution (hereinafter “instant application”) with the purport that, through the pan-government online service system that combines civil petitions, citizen proposals, and policy debates with one of the administrative agencies prior to the “National Examination,” the prosecutor E requests notification of the reasons for non-prosecution case directly prepared by the judicial police officer, investigator, etc. (hereinafter “instant application”).

On April 13, 2012, the head of the Gwangju District Public Prosecutor's C Branch Office notified the reason for non-prosecution (hereinafter "each of the notifications of this case") prepared by the prosecutor E using a written opinion prepared by the judicial police in relation to the case of the relevant complaint, along with a written decision of non-prosecution.

The plaintiff filed a civil petition with the intent to make a request on May 2, 2012 to the effect that "the head of Gwangjin-gu District Public Prosecutor's Office C Branch Office shall send to the plaintiff a written reason for filing a public prosecution directly prepared by the prosecutor E, not in the form of invoked a written opinion or report prepared by a judicial police officer, investigator, etc.," through the "National Examination": Notification of the reasons for non-prosecution under Article 259 of the Criminal Procedure Act.