1. On April 10, 2019, the Defendant’s refusal to disclose information on the information listed in the separate sheet against the Plaintiff.

1. Details of the disposition;

A. The Plaintiff filed a complaint against B as a crime of occupational embezzlement on the grounds that B embezzled the money of Co., Ltd. around November 2018. B was subject to a disposition of non-guilty in the case of the Gwangju District Prosecutors’ Office in March 25, 2019, which was sentenced to punishment No. 50842, Mar. 25, 2019.

B. On April 4, 2019, the Plaintiff requested the Defendant to disclose the information in the attached list (hereinafter “instant information”) submitted to the Gwangju District Prosecutors’ Office by transferring the case from the investigation department of the foregoing case to the Gwangju District Prosecutors’ Office.

C. Accordingly, on April 10, 2019, the Defendant did not disclose the instant information on the grounds that it falls under Article 9(1)4 of the Act on the Disclosure of Information by Public Institutions (hereinafter “Information Disclosure Act”) (where disclosed, there are reasonable grounds to believe that the disclosure of the instant information constitutes an investigation that significantly makes it difficult to perform his/her duties).

(hereinafter “Disposition in this case”). 【No dispute exists, entry in Gap’s evidence Nos. 1 through 3, 6, and 7, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The instant information claimed by the Plaintiff does not constitute “information that has considerable grounds to recognize that it would significantly impede the performance of duties regarding investigation when disclosed,” and thus, the Defendant’s disposition of this case should be revoked in an unlawful manner.

(b) Article 9 (Information subject to Non-Disclosure) (1) of the Information Disclosure Act shall be subject to disclosure of information held and managed by public institutions.

Provided, That the following information may not be disclosed:

4. Information pertaining to a trial in progress, the prevention and investigation of crimes, the institution and maintenance of a public prosecution, the execution and correction of a sentence, and security disposition, which, if disclosed, has considerable grounds for remarkably obstructing the performance of duties or infringing on the right of a criminal defendant to a fair trial.