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(영문) 서울행정법원 2020.01.31 2019구합74133

정보공개거부처분취소

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1. The Defendant’s disposition rejecting the disclosure of information against the Plaintiff on June 11, 2019 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

Details of the disposition

In around the end of 2018, the Plaintiff filed a complaint with the investigative agency for suspicion of false accusation against the “seven employees who made a false statement with the shop merchant in the B Station who made a false complaint against the Plaintiff.”

(2) On May 27, 2019, the Prosecutor of the Seoul Western District Prosecutor’s Office rendered a non-prosecution disposition against the suspect of the relevant criminal case (Evidence of Evidence).

(Seoul Western District Prosecutors' Office 2018No. 40600). According to Article 192(1) of the Criminal Investigation Rules (the National Police Agency’s order) of the Act on Criminal Investigation (hereinafter “instant written opinion”), when sending a case to the defendant on June 3, 2019, the police officer must attach necessary documents, such as the case delivery note, the total list of seized articles, records list, written opinion, a suspect’s environmental investigation report, the suspect’s reference domicile inquiry report, and criminal record inquiry report.

Documents for which the plaintiff applied for inspection and copying mean a written opinion prepared by the judicial police officer belonging to the Seoul Yongsan Police Station in attached Form 171 of the Criminal Investigation Rules.

The request for the inspection and copying of the documents was made.

However, around June 10, 2019, the Defendant rejected the Plaintiff’s inspection and copying of the case records on the ground that it constitutes information subject to non-disclosure under Article 22(1)4 of the Rules on the Affairs of the Prosecutor’s Preservation (i.e., disclosure of records, where confidential information in the investigative method to be kept confidential or where unnecessary dispute may arise).

(hereinafter “Disposition of this case” (hereinafter “Disposition of this case”). [Grounds for recognition] without dispute, entry of Gap’s evidence No. 2, and Plaintiff’s assertion as to the purport of the entire pleadings, the Disposition of this case should be revoked as it is unlawful.

The Rules on the Business of the Prosecutor's Office are merely administrative rules within the administrative agency, and thus, the defendant may not allow the inspection and copying of the written opinion in this case.