A. Around 2019, B filed a complaint against the Plaintiff on suspicion of undermining credit, etc., and the prosecutor in charge took the disposition of non-prosecution (non-prosecution) against the Plaintiff (Article 2019No. 45566 of the Gwangju District Prosecutors' Office). The Plaintiff filed a complaint against B without suspicion, but the prosecutor took charge of non-prosecution (non-prosecution) against B.

(No. 2020-type 415, and No. 2020-type 415, and No. 2020-type 415; hereinafter referred to as "related cases").

On January 22, 2020, the Plaintiff filed a motion for perusal and copying of each information listed in the separate sheet among the investigation records of the relevant case with the Defendant, and on January 22, 2020, the Defendant rendered a provisional injunction against perusal and copying of each information on the ground that it constitutes “Article 22(1)2 and 4 of the Rules on the Business of Preserving Prosecution, and Article 9(1)4 and 6 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

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

(2) Of the information stated in the Defendant’s argument list, each part of the Defendant’s statement in B includes a number of statements in private areas. The Plaintiff’s above statement constitutes information subject to non-disclosure under the proviso of Article 9(1)6 of the Information Disclosure Act and Article 22(1)2 of the Rules on the Affairs of the Prosecutor’s Preservation, which embodyed the above statement, since it did not have any profit or little profit, and each of the investigation reports constitutes information subject to non-disclosure under Article 9(1)4 of the Information Disclosure Act and Article 22(1)4 of the Rules on the Affairs of the Prosecutor’s Preservation and Management, which contain investigation techniques of the investigative agency.