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(영문) 춘천지방법원 2019.06.04 2019구합50005
정보공개거부처분취소
Text

1. Attached Form 1 of the records in the case No. 2017-type No. 5146, which the Defendant reported to the Plaintiff on October 1, 2018.

Reasons

1. Details of the disposition;

A. In the case where B filed a complaint against the Plaintiff in embezzlement on September 5, 2017, the prosecutor of the Youngcheon District Prosecutors’ Office in the Chuncheon District Prosecutors’ Office rendered a disposition of insufficient evidence against the Plaintiff on January 31, 2018 and without suspicion.

(No. 5146) b) of 2017.

On September 27, 2018, the Plaintiff filed an application with the Defendant for perusal and copy of the entire records of the case that was not prosecuted by Chuncheon District Public Prosecutor’s Office (No. 5146) in the year 2017. However, on October 1, 2018, the Defendant rejected the part of the information listed in the separate sheet No. 1 (hereinafter collectively referred to as “information No. 1” through “No. 6,” and collectively referred to as “instant information”) from among the Plaintiff’s application, on the following grounds:

(2) Information No. 5, 6 is likely to seriously undermine the honor, privacy, safety of life and body, or peace of life of a person involved in the case due to disclosure of records (Article 22 of the Rules on the Preservation of Prosecutors' Offices) No. 1, 2, 3, and 4 of the non-permission part (hereinafter "disposition of this case"). Information No. 5, 6 is likely to divulge confidential information in the investigative method to be kept confidential due to disclosure of records or cause unnecessary new disputes.

2. The assertion;

A. Article 22 of the Rules on the Preservation of Prosecutor’s Office cannot serve as a legitimate legal basis for the instant disposition rejecting the disclosure of information.

Of the instant information, the part other than the personal information listed in attached Form 2 does not constitute information subject to non-disclosure under the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).

Therefore, the instant disposition is unlawful.

B. Defendant 1) As to the perusal and copy of the records of non-prosecutions case, the Information Disclosure Act, the Rules on the Preservation Affairs of the Prosecutors' Office, and the perusal and copy of the case records.

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