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(영문) 서울행정법원 2017.07.21 2017구합572
기타(정보공개)
Text

1. The decision that the Defendant rendered against the Plaintiff on October 13, 2016 not to disclose the information on the claim stated in the attached Form shall be revoked.

2...

Reasons

1. On September 30, 2016, the Plaintiff filed a request for information disclosure (receiving number B) with the Defendant on the claim information stated in the separate sheet (hereinafter “instant claim information”). However, on October 13, 2016, the Defendant rendered a non-disclosure decision (hereinafter “instant disposition”) pursuant to Article 9(1)4 and 6 of the Official Information Disclosure Act on the ground that the disclosure of the case number is likely to infringe on a certain individual’s privacy or freedom when the party requests a disclosure of the case number under a specific state, on the grounds that the information pertaining to the pending trial on October 13, 2016 is difficult to perform his/her duties if disclosed.

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

2. Determination on the lawfulness of the instant disposition

A. On June 23, 2016, the Plaintiff’s summary of the Plaintiff’s assertion was sentenced to two years of imprisonment for a violation of the Attorney-at-Law Act by the Incheon District Court (2016No127, hereinafter “instant appellate trial”), and the Supreme Court dismissed the appeal on August 26, 2016, and the judgment of the instant appellate trial became final and conclusive.

However, since then, C, the presiding judge of the appellate court of this case, was indicted for violating the Act on the Aggravated Punishment, etc. of Specific Crimes and was tried by the Seoul Central District Court

(hereinafter “instant case.” Therefore, the Plaintiff needs to confirm whether and when the instant case is finalized through the key information in order to request a retrial against the instant appellate trial pursuant to Article 420 subparag. 7 of the Criminal Procedure Act. Even if the instant case is searched through the key information, the information available to the Plaintiff is merely the confirmation of the relevant case and the time, details of the date, and whether the submitted documents, etc. are served. Thus, the instant information is being disclosed.

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