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(영문) 수원지방법원 2019.07.11 2018구합74229
정보공개거부처분취소
Text

1. Of the instant lawsuit, the part concerning the claim for revocation of a disposition rejecting the disclosure of information pertaining to the information listed in attached Table 1 List 6.

Reasons

Details of the disposition

The plaintiff filed a lawsuit against B and one other in Seoul Central District Court No. 2018 Ghana180838 against the plaintiff.

In the above civil procedure, the Plaintiff filed a request for the dispatch of documents against the Defendant in relation to the above case from the Sung-nam District Prosecutors' Office 2016-type 48058 (No. 2016-type 47087, No. 2017-type 2416, No. 2017-type 2604, No. 2017-type 5856). The competent court adopted the above request and sent a written request for delivery of documents concerning the above investigation records to the Sung-nam District Prosecutors' Office 2018, but the Defendant submitted only some documents submitted by the Plaintiff as the complainant on October 10, 2018.

On November 23, 2018, the Plaintiff filed a claim with the Defendant for the disclosure of information pertaining to each of the information listed in the separate sheet No. 1 (hereinafter “each of the instant information”). On December 6, 2018, the Defendant: (a) disclosed only the Plaintiff’s written statement (attached Table 1(6)) among the investigation records of the instant case; and (b) rendered a decision not to disclose the remaining information to the Plaintiff on the ground that Article 9(1)4 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) (as to the ongoing trial-related information, prevention and investigation of crimes, institution and investigation of prosecution, institution and maintenance of prosecution, execution and correction of punishment, and security disposition, the disclosure of which would significantly impede the Defendant’s performance of duties or infringe on the Defendant’s right to a fair trial; and (b) Subparag. 6 (where disclosure of personal information, such as resident registration number, etc. included therein, it may infringe on the privacy or freedom) of the Defendant.

[Grounds for recognition] There is no dispute, entry of Gap evidence 1, and pleading.

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