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(영문) 광주지방법원 2020.11.11 2020구단902
정보공개거부처분취소
Text

1. The defendant's refusal to disclose information on April 27, 2020 to the plaintiff as to the information listed in the separate sheet.

Reasons

1. Details of the disposition;

A. On April 9, 2019, the Plaintiff filed a complaint against the crime of violating the Welfare of Disabled Persons Act, etc., but around July 2019, the Plaintiff was subject to a disposition of non-guilty charges in the Gwangju District Prosecutors’ Office (2019 type 4556).

B. On April 2020, the Plaintiff requested the Defendant to peruse and copy the information listed in the attached list (hereinafter “instant information”).

C. On April 27, 2020, the Defendant rendered a disposition rejecting reading and copying of the instant information (hereinafter “instant disposition”) on the ground that the instant information constitutes Article 22(1)4 of the Rules on the Affairs of the Prosecutor’s Preservation and Management (a disclosure of records is likely to divulge confidential information or cause unnecessary new disputes) to the Plaintiff.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff filed a complaint from B, who was suspected of being subject to a non-disclosure disposition, and sought disclosure of the information of this case in order to verify the specific contents of the investigation process with respect to himself. The information of this case does not fall under the grounds for non-disclosure under each subparagraph of Article 9(1) of the Official Information Disclosure Act (hereinafter "Information Disclosure Act"), and thus, the defendant asserts that the disposition of this case is legitimate as it is unlawful for the defendant to seek revocation of the disposition of this case. The information of this case falls under Article 22(1)4 of the Official Information Disclosure Act or Article 9(1)4 of the Information Disclosure Act (information related to the prevention and investigation of crimes, which has considerable reasons to recognize that it is significantly difficult to perform his duties if disclosed) and Article 9(1)6 of the Information Disclosure Act (information that is likely to infringe on the privacy or freedom of privacy if disclosed).

(b) 1 Prosecutorial Preservation Affairs Rules.

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