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 December 2018, the prosecutor of the Suwon District Prosecutors’ Office prosecuted the Plaintiff’s violation of the Act on Special Cases Concerning the Prevention of Illegal Trafficking in Narcotics (No. 2018-type District Prosecutors’ Office No. 38378, 56568, 56574, 60386, hereinafter “subject case”).

As of January 2019, the subject case is currently under criminal trial against the plaintiff as Suwon District Court 2018Gohap623.

B. On January 8, 2019, the Plaintiff requested the Defendant to disclose the information on the list of records (excluding personal information) of the subject case.

C. On January 9, 2019, the Defendant rendered a disposition rejecting information disclosure (hereinafter “instant disposition”) on the ground that the list of records of the subject case falls under the documents kept by the prosecutor after the prosecution, and the Plaintiff, as the Defendant, filed a claim for information disclosure pursuant to the Criminal Procedure Act, rather than the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).

【Reasons for Recognition】 The descriptions of Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion filed the instant claim for the disclosure of information in order to prepare for pleadings of the subject case, and the record list of the subject case does not constitute information subject to non-disclosure under the Information Disclosure Act, and thus, the instant disposition is unlawful.

B. 1) Article 4(1) of the Information Disclosure Act provides that “The disclosure of information shall be governed by this Act, except as otherwise provided for in other Acts.” In order to exclude the application of the Information Disclosure Act on the grounds that the disclosure of information constitutes “where there are special provisions in other Acts with respect to the disclosure of information”, such special provisions should be “law”. Furthermore, the content should be provided differently from the Information Disclosure Act on the subject and scope of the disclosure of information, procedures for the disclosure of information, information subject to non-disclosure, etc. (see Supreme Court Decision 2007Du2555, Jun. 1, 2007).