1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On November 21, 2013, the Plaintiff filed a request for information disclosure with the Defendant stating the details of the request as “a notice of decision on the claim for disclosure and decision on disclosure of information (attached Form 7, excluding personal information) among all the applications filed with the Seoul Southern District Prosecutors’ Office from January 1, 2013 to October 31, 2013.”

B. On December 2, 2013, the Defendant rendered a non-disclosure decision on the ground that the notice of decision on disclosure and partial disclosure among all the claims for disclosure of information received by the Plaintiff from January 1, 2013 to October 31, 2013, which was received by Korea’s office, is not deemed necessary for the public interest under Article 9(1)6(c) of the former Official Information Disclosure Act (amended by Act No. 11991, Aug. 6, 2013; hereinafter “Information Disclosure Act”) or for the remedy of individual rights.

hereinafter referred to as "disposition of this case"

(i) [Facts without dispute over the grounds for recognition, entry of Gap evidence No. 1, and purport of the whole pleadings.]

2. Determination on the defense prior to the merits

A. The defendant's assertion that the plaintiff's filing of the lawsuit in this case should be dismissed as abuse of right of action.

B. The right to know the citizen’s right to know, in particular, the right to access national information is recognized in relation to the freedom of expression, which is a fundamental right under the Constitution of Korea, and the content of such right includes the so-called general right to request disclosure of information held and managed by the general public against the State (see Supreme Court Decision 97Nu5114, Sept. 21, 199). The Act in which the general right to information disclosure recognized under the Constitution is embodied is the Information Disclosure Act

In addition, since the right to request information disclosure by the public based on the Information Disclosure Act is specific rights protected by law, the claimant's request for information disclosure to the public institution and the rejection disposition is the infringement of legal

Supreme Court Decision 200