1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the representative B of the plaintiff.

1. On February 19, 2018, the Plaintiff filed a claim against the Defendant for disclosure of information on the records of the case No. 2018-type 347 of the former District Prosecutors’ Office against the Defendant, but the Defendant rendered a non-disclosure decision on February 23, 2018 based on Article 9(1)6 and 7 of the Official Information Disclosure Act.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. We examine whether the Plaintiff is deemed to have a party to the lawsuit of this case ex officio in determining the legitimacy of the lawsuit of this case.

A. In order for a non-corporate body which is recognized as a party ability under Article 8(2) of the Administrative Litigation Act and Article 52 of the Civil Procedure Act to be established, the organization must have an entity as an association. If an organization determines its external purpose, name, office, and representative, it shall not be deemed a non-corporate body unless it proves that the entity is an organization, financial basis, operation of the general meeting, asset management, and other activities as an organization.

(See Supreme Court Decisions 97Da20908 delivered on September 12, 1997, 99Da4504 delivered on April 23, 1999, etc.). Also, since the existence or absence of a party capacity is a matter of ex officio investigation by the court, the court must conduct ex officio an investigation of facts constituting the premise for the determination of party capacity, without the need to be bound by the allegations of the parties. However, in determining the party capacity based on such facts, it is sufficient to determine whether an organization with such meaning exists as a social entity, including the purpose, organization, and members of the organization, which the party is able to pay for, and if an organization actually exists, the party capacity is satisfied. If it is unlawful to dismiss the lawsuit unless it is alleged by the parties, it is sufficient to recognize the organization’s substance as a whole different from the allegations of the parties.