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(영문) 서울행정법원 2014.05.29 2013구합25481

정보부분공개처분취소

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1. On March 29, 2013, the Defendant rendered a non-disclosure decision regarding information in attached Tables 1 through 3, and 5 against the Plaintiff.

Reasons

1. Basic facts

A. On October 19, 2012, the Plaintiff submitted a written complaint to the civil petition office of the Seoul Southern Police Station to the effect that “B, C, from October 201 to February 2012, 201, the Plaintiff’s bicycles owned by the Plaintiff are shocked by Eschton, and thus, he/she is punished as a bicycle because he/she was replaced by Eschton.”

B. The prosecutor F of the Seoul Northern District Prosecutors’ Office, who received the above case, demanded the Plaintiff to appear on December 18, 2012, December 27, 2012, and January 15, 2013 during the investigation process of the said case, but the Plaintiff did not appear.

C. On January 31, 2013, the Plaintiff: (a) explained the circumstance in which the Plaintiff refused to comply with the aforementioned request for attendance to the effect that “it is difficult to attend because the trial was in progress due to another case,” and expressed his/her intention to attend the trial upon the completion of the said trial.

On February 28, 2013, the Prosecutor F, who was aware of the Plaintiff’s accusation and issued a warrant of arrest, arrested the Plaintiff around 16:00 on March 11, 2013.

E. On March 18, 2013, the inspector F made a non-prosecution disposition on the grounds that there is no suspicion of property damage and damage to B and C, and the Plaintiff was prosecuted for anless accusation.

(Seoul Northern District Court No. 2013 Man-Ma531, hereinafter “U.S. Case”). (f) On March 25, 2013, the Plaintiff filed a claim with the Defendant for the disclosure of information on each information listed in the separate sheet (hereinafter “each information of this case”) in the order of priority.

(hereinafter “instant claim”). The Defendant decided to disclose the instant information on March 29, 2013. However, with respect to the information set forth in subparagraphs 1 through 3 and 5 of the instant case, each of the said information is “Information Disclosure Act (hereinafter “Information Disclosure Act”).”

Where matters concerning the prevention and investigation of crimes, or institution of public prosecution referred to in Article 9 (1) 4 are disclosed, duties shall be performed.