정보공개거부처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The court's explanation concerning this part of the reasons for the disposition is the same as the corresponding part of the reasons for the judgment of the court of first instance. Thus, this part of the reasons are cited in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure
2. Whether the instant disposition is lawful
A. According to the Plaintiff’s argument National Police Agency’s Rules on Collection and Handling of Investigative Agents, a criminal intelligence and criminal trends overlap during the investigation intelligence, and the Police Internal Investigation Rules provide that an intelligence is being carried out by a criminal intelligence. As such, the instant information exists, since the number of internal investigation cases for an intelligence is assigned and registered in the register of internal investigation cases according to the investigation intelligence of this case.
Therefore, the defendant's refusal to disclose the information of this case by asserting that there is no information of this case is illegal.
(b)as shown in the relevant regulations attached hereto;
C. Determination 1) In light of the fact that the information disclosure system is a system that discloses information held and managed by a public institution in its status, it is sufficient to prove that there is a considerable probability that the person seeking information disclosure will possess and manage the information that is sought disclosure. However, in cases where a public institution does not retain and manage such information, there is no legal interest in seeking the revocation of a disposition rejecting information disclosure (see Supreme Court Decision 2003Du9459, Jan. 13, 2006), barring any special circumstance, “a criminal intelligence” under subparagraphs 1 and 2 of Article 2 of the Information Collection and Handling Rules refers to all kinds of report materials related to investigation, and “a criminal intelligence” and “a policy overlap” (including investigation system and criminal policy improvement, crime prevention and arrest measures), and “a criminal intelligence” is distinguished from “a criminal intelligence”, which is the proviso to specific internal investigation materials, and “a criminal intelligence”.