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(영문) 청주지방법원 2019.01.17 2018구합3665

1. On July 24, 2018, the Defendant’s refusal to disclose information pertaining to the information listed in the Attached Table 1, which was against the Plaintiff.


1. Details of the disposition;

A. The Plaintiff is a person who actually operates a D gas station located in Heung-gu, Chungcheongnam-gu, Seoul, business registered under his spouse B (hereinafter “instant gas station”).

B. On October 31, 2017, the Defendant began an investigation into the violation of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “instant violation”) with the content that “the Plaintiff, despite being aware that the oil, etc. sold to Nonparty E in the instant gas station, was used as a fuel, sold light oil as a fuel for the vehicle (hereinafter “instant violation”). However, on December 13, 2017, the Defendant issued a disposition of domestic death (suspected suspicion).

C. Meanwhile, on May 1, 2018, B was subject to the disposition of KRW 100 million by the head of the Cheongju-si Office with respect to the instant violation. On November 1, 2018, B, dissatisfied with the disposition of the said penalty surcharge, filed an administrative litigation with this court on November 1, 2018, and the said lawsuit is currently pending in this court as the court 2018Guhap4071.

On July 18, 2018, the Plaintiff requested the Defendant to disclose the information listed in the separate sheet No. 1 (hereinafter “instant information”). On July 24, 2018, the Defendant rendered a non-disclosure decision (hereinafter “instant disposition”) with respect to the instant information on the ground that “(i) the written statement of E, among the instant information, is not disclosed as personal information, such as name, resident registration number, etc. (Article 9(1)6 of the Official Information Disclosure Act), which would infringe on the privacy or freedom if disclosed; and (ii) all criminal records, including the instant investigation records, contain the information on which the method and procedure of the investigation, etc. are recorded (Article 9(1)4 of the Official Information Disclosure Act) and the disclosure of such information, on the grounds that it is not likely to significantly impede the performance of duties if disclosed.”

[Ground of Recognition] Facts without dispute, Gap Nos. 1, 2, 5, 6, and Eul No. 1.