2...

A. The Plaintiff filed a complaint against B with the police under the charge of violating the Special Act on Insurance Fraud Prevention (hereinafter “related cases”), and the police investigated the case and sent the case to the Gwangju District Prosecutors’ Office after completion of the investigation into the case.

However, the prosecutor of the Gwangju District Prosecutors' Office made a disposition of non-prosecution on the ground of lack of evidence.

B. On August 14, 2019, the Plaintiff filed a claim with the Defendant for the disclosure of information regarding the police transfer statement in the attached Table among the investigation records of the relevant case (hereinafter “instant information”).

C. On August 20, 2019, the Defendant rendered a non-disclosure disposition (hereinafter “instant disposition”) on the ground that the instant information falls under Article 9(1)4 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”), and the Plaintiff raised an objection, and dismissed the said objection on September 17, 2019.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. (1) The Plaintiff’s assertion that the instant information did not constitute information subject to non-disclosure under Article 9(1)4 of the Information Disclosure Act, and the instant disposition refusing to disclose should be revoked in an unlawful manner.

(2) Although the Defendant’s instant information is indicated in the Defendant’s written reply of the Prosecutor’s Office Rules, it is apparent that it is a clerical error in the Prosecutor’s Office Rules in light of the content thereof, and thus, it is ex officio corrected.

The internal document stating the opinion or legal judgment of the investigative agency under Article 112-3 (1) 3, which is not disclosed to the accused who is under criminal trial, is also an internal document and does not include the subject of the application for perusal or copying of the records of non-prosecution cases prescribed in Articles 20-2 and 22 of the Rules on the Preservation and Administration of the Prosecution.