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(영문) 인천지방법원 2016.07.21 2015구합54012
사건기록 열람.등사불허가처분취소 청구의 소
Text

1. On October 20, 2015, the Defendant’s non-permission disposition regarding the documents listed in the separate sheet No. 1 attached hereto is confidential.

Reasons

1. Details of the disposition;

A. On November 28, 2014, the Plaintiff filed a complaint with B and C as a special larceny, damage, violation of the Act on the Preservation of Rice Income, etc., forgery of private documents, and uttering of a falsified investigation document. On November 28, 2014, the Incheon District Prosecutors’ Office rendered a disposition of non-prosecution (No. 2014 type 4374555) against the charge of larceny (No. 2014 type 4374555) and filed a petition for summary order with the Incheon District Court 2014 high-ranking26949 on the violation of the Act on the

B. The Plaintiff appealed against the prosecutor’s non-prosecution disposition, and the Seoul High Prosecutor’s Office dismissed the appeal regarding the larceny, and rendered a decision to re-examine the offense of aiding private documents.

C. The Incheon District Prosecutor’s Office re-investigative Office filed a summary order with the Incheon District Court Decision 2015 High Court Decision 2015 High Court Decision 45Da10152 regarding the forgery of private documents and the uttering of falsified documents.

On October 19, 2015, the Plaintiff filed a request for the Defendant to inspect and copy the records of the instant case as indicated in the separate sheet No. 1 (hereinafter “instant records”). On October 20, 2015, the Defendant rendered a disposition of non-permission for inspection and copying (hereinafter “instant disposition”) on the ground that the disclosure of records constitutes Article 22(1)2 of the Rules on the Preservation of Prosecutors’ Offices (the disclosure of records would considerably undermine the honor, privacy, safety of life and body, and peace of life) against the Plaintiff.

E. In the instant lawsuit, the Defendant, as a ground for non-disclosure of each of the instant information, is the subject matter of the instant lawsuit, pertaining to the prevention and investigation of crimes, the institution and maintenance of public prosecution, the execution of punishment, correction, and security disposition related to the trial under Article 9(1)6 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) and Article 9(1)4 of the same Act.

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