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(영문) 부산고등법원 2015.07.10 2014누23086
소송서류접수신청거부처분 및 정보부분공개처분등취소청구
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. Of the instant lawsuit, the Defendant against the Plaintiff on October 1, 2013.

Reasons

1. The Plaintiff sought revocation of the dispositions of this case Nos. 1 and 3 in the first instance court. The first instance court rejected each part seeking revocation of the dispositions of this case Nos. 1 and 3, and cited each part seeking revocation of the disposition of this case No. 2 pertaining to “Attachment 1 of the Guidelines for Classification and Treatment” (hereinafter “Information No. 1”) and “S. Security Guidelines at the time of the order of important personnel management (hereinafter “Information No. 2”), and dismissed the remainder of the claims.

The plaintiff and the defendant appealed against all of the plaintiff and the defendant, but this court ordered dismissal of the plaintiff's petition of appeal on May 11, 2015, and since the above order became final and conclusive as it is, the object of this court's adjudication is limited to the legitimacy of the non-disclosure disposition on the information Nos. 1 and 2 that the defendant lost.

2. Details of the disposition;

A. On August 13, 2013, the Plaintiff was detained in Busan detention center due to a suspected violation of the Act on the Control of Narcotics, Etc., and was transferred to Busan detention center on July 29, 2014 and on January 9, 2015, and was released on April 6, 2015.

B. On October 1, 2013, the Plaintiff filed a claim with the Defendant for disclosure of information regarding the correction rules and the Administration and Treatment of Correctional Institution Inmates Act (hereinafter “Punishment Execution Act”), the Enforcement Decree of the Punishment Act, and the Enforcement Rule of the Punishment Execution Act. On October 1, 2013, the Defendant rendered a non-disclosure disposition against the instant information Nos. 1 and 2 among the information the Plaintiff requested to be disclosed.

【Ground of recognition】 The fact that there has been no dispute, Eul evidence 1-2, Eul evidence 5-1, 2, Eul evidence 8, the purport of the whole pleadings

3. The Defendant’s judgment on the Defendant’s main defense was to disclose each of the instant information Nos. 1 and 2 after the non-disclosure disposition, and notified the Plaintiff thereof, and there is no interest in the lawsuit seeking revocation of the non-disclosure disposition regarding the instant information Nos. 1 and 2.

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