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(영문) 창원지방법원 2015.06.02 2014구합2315
정보공개거부처분취소
Text

1. The disposition rejecting information disclosure made by the Defendant to the Plaintiff on November 12, 2014 shall be revoked.

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

Reasons

1. Details of the disposition;

A. The Plaintiff filed a complaint against the Republic of Korea against a person whose name cannot be known at the Jinwon District Prosecutors’ Office in violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Article 2013-type 1840 of the Jinwon District Prosecutors’ Office; hereinafter “instant accusation case”). However, on March 26, 2013, the prosecutor filed a non-prosecution of the instant accusation case, and the Plaintiff filed a claim for damages against the Republic of Korea on September 15, 2014 on the ground that the instant accusation case was not prosecuted.

B. On November 8, 2014, the Plaintiff filed a request with the Defendant for the disclosure of information on the 165 investigation report (the counter party to the person who made a statement as to the materials submitted for answers and the witness), the 172 investigation report, the 175 investigation report (the 175 investigation report is not accompanied by a civil judgment), and the 175 investigation report (the 175 investigation report is not accompanied by a civil judgment) (hereinafter referred to as “information of this case”).

C. On November 12, 2014, the Defendant issued a disposition rejecting disclosure of the instant information (hereinafter “instant disposition”) to the Plaintiff on the ground that “In accordance with Article 9(1)4 of the Official Information Disclosure Act, the disclosure of the instant information may substantially be difficult due to the cases of abuse or risk, such as the direction, method, fact, and record of investigation, etc., if disclosed.”

[Ground of recognition] Unsatisfy, Gap evidence No. 1 and the purport of whole pleadings

2. Judgment on the main defense of this case

A. The defendant's assertion that prior to the filing of the application for disclosure of the instant information, the plaintiff appealed to the disposition of non-prosecution in the instant case through appeal and the application for adjudication, and that the plaintiff filed a claim against the Republic of Korea for damages on the ground of the above disposition of non-prosecution in the trial, and that the disposition in the instant case did not infringe the plaintiff's right

(b).

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