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(영문) 대전지방법원 2020.01.16 2019구합240
정보비공개처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On August 16, 2018, the Plaintiff was detained under suspicion of arrest, etc., and was confined in the Daejeon Prison on August 21, 2018.

B. On December 24, 2018, the Plaintiff was subject to disciplinary action of 20 days of forfeiture by the Defendant on January 3, 2019, following the deliberation and resolution by the Daejeon Prison Discipline Committee, due to the disturbance and interference with duties as of December 24, 2018, and the bath, disturbance, and self-injury as of December 26, 2018.

C. On January 28, 2019, the Plaintiff filed a request for the disclosure of information with the Defendant on January 28, 2019 (hereinafter “instant request for the disclosure of information”) to disclose to the public the application (hereinafter “request for the disclosure of information”) before the National Human Rights Commission of Korea (hereinafter “the request for disclosure”) before the National Human Rights Commission on January 28, 2019 (hereinafter “the request for disclosure of information”), including ① a working report, a statement of reference witness, etc. as a record of the simultaneous inspection (related to the investigation) and the written statement of reference witness, ② a written statement of the claimant (A), a written statement of reference, a written statement of reference witness or witness, a written request for disciplinary action and a written resolution of disciplinary action, a written refusal of attendance at the disciplinary committee, a written refusal of attendance at the disciplinary committee from the time of expropriation to the time of January 28, 2019 (hereinafter “the request for disclosure of information”).

(이하 원고가 공개를 청구한 각 정보를 위 순번에 따라 ‘이 사건 정보 ①~⑨’라 한다). 라.

Of the instant request for the disclosure of information on February 1, 2019, the Defendant disclosed information pertaining to (3), (5), (6), (7), (8), and (9) but falls under the information of this case, (4) pursuant to Article 9 (1) 6 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”), and (2) pursuant to Article 9 (1) 4 of the same Act, on the ground that the disclosure of information of this case constitutes the information that has considerable grounds for remarkably obstructing the efficient performance of duties relating to the execution and correction of punishment, such as expropriation, management, maintenance of order, safety of accommodation facilities, etc.

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