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(영문) 창원지방법원 2016.03.29 2015구합1449
불기소사건열람등사불허가처분취소
Text

1. On September 15, 2015, the Defendant rendered a disposition of non-permission to inspect and copy the documents listed in attached Table 1 against the Plaintiff.

Reasons

1. Details of the disposition;

A. On March 2013, the Plaintiff filed a complaint with the Changwon District Prosecutors' Office B, C, and the Ggorgent, etc. committing a violation of the Copyright Act.

(No. 1446 of the Changwon District Prosecutors' Office in 2013, and hereinafter "the criminal case of this case"). In this regard, the Prosecutor D of the Changwon District Prosecutors' Office in 2013 issued a disposition to suspend the use of evidence (defluence of evidence) against C, a corporation, and a person who suspended the use of evidence against B.

B. On July 4, 2013, the Plaintiff filed a civil suit against the Ggentgent Co., Ltd. and B seeking prohibition of infringement of the publication right and compensation for damages. On September 2015, the Plaintiff filed a claim against the Defendant for inspection and copying of the documents listed in attached Table 1 (hereinafter “instant information”) in the instant criminal case records to be used as evidentiary materials in the said civil lawsuit.

C. On September 15, 2015, the Defendant rendered a disposition of non-permission for inspection and copying on the ground that the entire information of this case falls under Article 22(1)2 of the Rules on the Affairs of the Prosecutor’s Office (where disclosure of records may seriously harm the honor, privacy, safety of life and body, and peace of life of a person involved in the case) and Article 22(1)2 of the Rules on the Affairs of the Prosecutor’s Office (where disclosure of records is likely to cause serious harm to the reputation, privacy, safety of life and body,

(hereinafter “instant disposition”) D.

In the instant lawsuit, the Defendant added Article 9(1)3 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) and Article 9(1)6 (personal information, such as name, resident registration number, etc. included in the pertinent information, which, if disclosed, is likely to infringe on the privacy or freedom of privacy) to the grounds for non-disclosure of the instant information.

[Ground of recognition] There is no dispute.

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