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(영문) 대구지방법원 2019.03.20 2018구합1475
정보공개불허취소
Text

1. Attached Form 2, which the Defendant rendered to the Plaintiff on November 22, 2018, refusal to disclose information specified in attached Table 1 List 1 to the Plaintiff.

Reasons

Details of the disposition

The Plaintiff asserted that “B, in charge of the Plaintiff’s father’s funeral awareness, embezzled the false amount of money,” and filed a complaint with the Daegu District Prosecutor’s Office No. 43687 in 2017, but the prosecutor affiliated with the said Prosecutor’s Office issued a non-prosecution disposition on September 28, 2017 on the ground that there was insufficient evidence as to the suspected facts.

(hereinafter referred to as “related accusation case.” On November 12, 2018, the Plaintiff: (a) on November 12, 2018, the information listed in the attached list No. 1 of the pertinent accusation case to the Defendant (hereinafter referred to as “each of the instant information”); and (b) based on the sequence No. 1, 2, and

In this regard, the applicant filed an application for disclosure of the remaining information except for the name and privacy-related information.

On November 22, 2018, the defendant is "Act on the Disclosure of Information by Public Institutions" (hereinafter referred to as "Act on the Disclosure of Information").

Article 9(1) of the Act, Article 20-2 of the Rules on the Affairs for the Preservation of Prosecutions, which rejected the disclosure of each of the instant information.

hereinafter referred to as "disposition of this case"

【Ground for recognition”, 【Nos. 1 and 6 (including each number; hereinafter the same shall apply)

The defendant asserts the legitimacy of the disposition of this case in the purport of each entry and the whole pleadings that the information of this case shall not be disclosed because it constitutes the information subject to non-disclosure under Article 9(1)6 of the Information Disclosure Act and Article 22(1)2 and 4 of the Rules on the Affairs of the Prosecutors' Office, Article 9(1)7 of the Information Disclosure Act, Article 9(1)4 of the Information Disclosure Act and Article 22(1)4 of the Rules on the Affairs of the Prosecutors' Office.

On the other hand, the Plaintiff asserts that the disposition of this case by the Defendant is unlawful, since the part of each of the information of this case, other than the personal privacy-related information of this case, does not constitute information subject to non-disclosure under Article 9(1)4, 6 and 7 of the Information Disclosure Act

Attached Form 3 of the relevant statutes shall be as specified in the relevant statutes.

Judgment

Article 22 of the Rules on the Preservation of Prosecution's Office.

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