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(영문) 광주지방법원 2020.09.09 2020구단10190
정보공개거부처분취소
Text

1. On December 11, 2019, the Defendant’s refusal to disclose information on each information listed in the separate sheet against the Plaintiff.

Reasons

1. Details of the disposition;

A. On September 23, 2019, the Plaintiff filed a complaint against B as a crime of intimidation on the ground that B knew of the Plaintiff’s embezzlement and threatening the Plaintiff to resign from the office of representative director of C, and that B was subject to a disposition of non-guilty in the case of the Gwangju District Prosecutors’ Office (No. 36594) in September 23, 2019.

B. Around December 2019, the Plaintiff requested the Defendant to peruse and copy the case records, including each information listed in the separate sheet (hereinafter “each information of this case”).

C. On December 11, 2019, the Defendant rendered a disposition rejecting reading and copying of each of the instant information on the ground that the disclosure of the records constitutes Article 22(1)2 of the Rules on the Military Prosecution Preservation Affairs (which may seriously harm the honor, privacy, safety of life and body, and peace of life of a person involved in the instant case due to the disclosure of records) and Article 22(1)4 of the same Act (which could cause any divulgence of confidential information in the investigative method to be kept confidential due to the disclosure of records or unnecessary dispute) (hereinafter “instant disposition”).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion of the parties concerned filed a request for disclosure of each of the information of this case with a view to confirming the specific contents of a non-suspect-free disposition against B as the complainant. Since each of the information of this case does not fall under the grounds for non-disclosure under each subparagraph of Article 9 (1) of the Official Information Disclosure Act (hereinafter "Information Disclosure Act"), the defendant's disposition of this case is unlawful and thus its revocation is sought, it can be recognized that each of the information of this case falls under subparagraphs 2 and 4 of Article 22 (1) of the Rules on prosecutor's Office Preservation and Information Disclosure or is considerably difficult to perform its duties if disclosed.

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