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(영문) 춘천지방법원강릉지원 2020.08.27 2020구합30215
정보공개거부처분취소
Text

The defendant's refusal to disclose information to the plaintiff on December 9, 2019 shall be revoked.

Reasons

1. Details of the disposition;

A. On March 25, 2019, the Plaintiff filed a complaint with the Gangwon Police Station for the accusation of B without charge, and the Prosecutor C of the Seocho District Prosecutors’ Office in Chuncheon District Prosecutors’ Office in September 26, 2019 (No. 2019-type 1484) of the pertinent case (No. 2019-type 1484, the Seocho District Public Prosecutors’ Office in Chuncheon District Public Prosecutors’ Office) did not impose a non-prosecution disposition without suspicion.

B. On December 9, 2019, the Plaintiff filed an application with the Defendant for a copying of the entire records of the instant case. On December 9, 2019, the Defendant rendered a non-disclosure decision regarding the remaining information (hereinafter “instant disposition”) on the ground that “the disclosure of the records under Article 22(1)2 of the Rules on the Military Prosecutors’ Preservation Affairs may impair the honor, privacy, safety of body, and peace of life of the persons related to the instant case by disclosing the records under Article 22(1)2 of the Rules on the Military Prosecutors’ Preservation Affairs.”

C. Information disclosed and disclosed in the records of the instant case is identical to each information sealed in the “A” and “non-disclosure” as specified in attached Table 2, and each information listed in attached Table 1 is included among each information disclosed.

[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. The summary of the parties’ assertion 1) Article 22(1)2 of the Rules on the Business of Preserving the Prosecutor’s Office cannot be a legitimate ground for the instant disposition, and the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) shall apply to each information listed in attached Form 1.

) There is no reason for non-disclosure as prescribed by Article 9(1)3 and 6. Accordingly, the instant disposition should be revoked on an unlawful basis. (2) The Defendant’s instant disposition appears to have not presented an explicit assertion on this part in the written reply under Article 22(1)2 of the Rules on the Affairs of the Prosecutor’s Preservation and Information Disclosure Act, and Article 9(1)4 of the Information Disclosure Act, or presented it as one of the grounds for the disposition. Therefore, the instant disposition is deemed to be a ground for disposition.

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