A. The plaintiff filed a complaint against B, etc. under suspicion of non-prosecution, but the prosecutor in charge brought a non-prosecution (non-suspect) disposition against them.

(No. 2019-type 2884, hereinafter the above case is referred to as "related case"). (B)

On April 27, 2020, the Plaintiff filed an application with the Defendant for perusal and copy of the records of the relevant case (hereinafter “instant information”). On April 27, 2020, the Defendant rendered a provisional injunction against perusal and copy of the instant information on the ground that it falls under Article 22(1)3 and 4 of the Rules on the Preservation of Prosecutions (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. (1) The Plaintiff’s assertion does not constitute information subject to non-disclosure as prescribed by the Information Disclosure Act, etc., and the instant disposition rejecting the disclosure should be revoked in an unlawful manner.

(2) The Defendant’s assertion is a list of documents containing investigation techniques of an investigative agency, and if the above information is disclosed, it can be seen that the investigation of the pertinent case is conducted in any way. While there is a serious concern over unnecessary legal disputes between the suspect B and the Plaintiff in the relevant case, the Plaintiff’s remedy for infringement of rights due to disclosure is not substantial. The instant disposition is lawful as it is based on the proviso of Article 9(1)4 of the Information Disclosure Act and Article 22(1)3 and 4 of the Rules on the Preservation of Prosecutors’ Office Affairs.

If the contents of the instant information are disclosed, it is likely that the suspect's right to privacy may be infringed on because the suspect's general contents about how to receive investigation and confirm what materials are. The instant disposition is lawful as it is based on the proviso of Article 9(1)6 of the Information Disclosure Act and Article 22(1)2 and 4 of the Rules on the Business of the Prosecutors' Office Preservation.

(b) related;