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(영문) 춘천지방법원 2019.08.13 2019구합50630
정보공개거부처분취소
Text

1. On January 10, 2019, the Defendant’s refusal to disclose information pertaining to each information listed in the separate sheet No. 1 attached hereto against the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a complainant of the Chuncheon District Prosecutors’ Office No. 2015-type 11818, 2016-type 1257 (hereinafter “each of the instant criminal cases”).

The public prosecutor belonging to the Chuncheon District Public Prosecutor's Office decided not to prosecute each of the above cases, and the plaintiff appealed against it, but the appeal was dismissed.

B. After that, the Plaintiff filed a motion to the Defendant for the inspection of investigation records of each criminal case of this case, but the Defendant rejected the inspection on the grounds of Article 22(1)2 and 4 of the Rules on the Preservation Affairs of the Prosecutors' Office.

C. On December 14, 2018, the Plaintiff filed a claim with the Defendant for the disclosure of information on each of the information listed in the separate sheet No. 1 (hereinafter “each of the instant information”) among the investigation records of each of the instant criminal cases.

(hereinafter “Request for Information Disclosure of this case”) D.

On January 10, 2019, the Defendant rendered a decision not to disclose each of the instant information for the following reasons:

(1) In the event that the contents of a statement concerning an investigation of a crime are disclosed pursuant to the proviso to Article 9 (1) 4 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”), the pertinent materials constitute information that is directly related to the present case (No. 2018 type 13090, No. 2019 type 156), and constitutes information that has considerable grounds for significantly obstructing the performance of duties if disclosed. (2) The disclosure of the contents of a statement pursuant to proviso to Article 9 (1) 6 of the same Act constitutes information pertaining to an individual and that is deemed likely to infringe on the privacy or freedom of private life, and thus, a non-disclosure decision is made. 【Ground for recognition】 The fact that there is no dispute over the fact that there is no ground for recognition, the entries in subparagraphs

2. The parties' assertion

A. Plaintiff (1) filed a request for disclosure of information to the extent necessary in the relevant civil procedure, excluding personal information that is likely to infringe upon the privacy from the time of the request.

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