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(영문) 춘천지방법원 2019.11.26 2019구합512
열람등사불허가처분취소
Text

1. On June 11, 2019, the case records No. 1981, which the Defendant rendered to the Plaintiff on June 11, 2019, are about the original branch office of the Chuncheon District Prosecutors’ Office, 2019.

Reasons

1. Details of the disposition;

A. On February 1, 2019, the Plaintiff filed a complaint against B, C, D, and E with the original branch office of the Chuncheon District Prosecutors’ Office for the crime of breach of trust (No. 1981). However, on June 5, 2019, the prosecutor of the original branch office of the Chuncheon District Prosecutors’ Office rendered a disposition of “Insufficient evidence and lack of suspicion” against all the suspects who the Plaintiff filed a complaint.

B. On June 11, 2019, the Plaintiff filed an application with the Defendant for perusal and copy of records on the records on the case No. 1981 of the Chuncheon District Public Prosecutor’s Office (hereinafter “instant information”).

C. On June 11, 2019, the Defendant rejected the Plaintiff’s perusal and copy of the records regarding the instant information.

(hereinafter “Disposition of this case”) 【No dispute over the grounds for recognition】, entry of Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The assertion;

A. The Defendant rendered non-permission regarding the instant information on the ground that it falls under Article 22(1)2 and 4 of the Rules on the Preservation of Prosecutor’s Office. This constitutes information subject to non-disclosure under Article 9(1)4 and 6 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).

Therefore, the instant disposition is lawful as it is based on the Information Disclosure Act and the Prosecutor's Office Regulation.

B. The Plaintiff’s Rules on the Preservation Affairs of the Prosecutor’s Office cannot be the basis for the instant disposition, and the part of the instant information, excluding the information specified in attached Forms 1 and 2, does not constitute information subject to non-disclosure under the Information Disclosure Act. Therefore, the instant disposition is unlawful.

3. Attached Form 3 of the relevant Acts and subordinate statutes shall be as follows;

4. Determination

A. 1 Additional Acts and subordinate statutes on the basis of disposition and the grounds for disposition No. 1 (the list of registration of private documents and the details of disposition) are not indicated in the relevant Acts and subordinate statutes on the disposition of this case, but there is no objection as to the facts of the disposition of this case under Article 22(1)2 and 4 of the Rules on the Preservation of Prosecutors' Office.

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