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(영문) 서울행정법원 2018.10.12 2018구합58318
정보공개거부처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

The Seoul East District Prosecutors' Office (hereinafter referred to as "B") received the petition of suspicion, such as the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation), against the plaintiff, who is the president of the incorporated association B (hereinafter referred to as "the petition of this case"), and the prosecutor of the above Prosecutor's Office (hereinafter referred to as "the petition of this case"), conducted the investigation of the petition of this case, and conducted a non-prosecution disposition against the plaintiff on November 30,

On February 12, 2018, pursuant to the Official Information Disclosure Act (hereinafter “Information Disclosure Act”), the Plaintiff filed a claim with the Defendant for the disclosure of information regarding the facts constituting an offense, applicable provisions of law, evidence relations, statements of the complainant and the accused, investigation results, and written opinions, except personal information, such as resident registration numbers related to Article 9(1)6 of the Information Disclosure Act, etc.

On February 22, 2018, the Defendant rendered a non-disclosure decision on February 27, 2018 on the following grounds: (a) the content of the instant request for disclosure of information through telephone conversations with the Plaintiff constitutes “documents to submit and make statements to the other party (hereinafter “the instant information”); and (b) the instant information on February 27, 2018, on the grounds that it falls under the information subject to non-disclosure under Article 9(1)4 (information pertaining to investigation, etc., which significantly makes it difficult for the Defendant to perform his/her duties due to matters relating to investigation, etc.) and Article 9(1)6 (information deemed likely to infringe on the confidentiality or freedom of private life

(2) The Plaintiff’s assertion of the instant disposition is not related to the methods and procedures of investigation, etc., and thus, it cannot be said that, even if disclosed, it is considerably difficult for the investigative agency to perform its duties.

In addition, the information of this case that the plaintiff seeks to disclose is not included in the content of the petitioner's privacy.

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