1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. The Plaintiff filed a complaint with the Gwangju District Prosecutors’ Office on each of the charges of defamation, leakage of official secrets, prosecution D, E, defamation, publication of suspected facts, and leakage of official secrets (Article 2015 type No. 41307 of the Gwangju District Prosecutors’ Office; hereinafter “the case of complaint”).

B. On September 22, 2015, the Defendant, who was in charge of the accusation case, notified the Plaintiff of the non-prosecution disposition (Dismissal) regarding the accusation case, and stated that the name of the offense is “Defamation” only, and that the reason for non-prosecution is that both the offense of defamation, the publication of the suspected facts, and the offense of divulgence of official secrets is dismissed, and that the offense is not committed.

(hereinafter “Non-prosecution disposition in the instant case”).

On November 27, 2015, the Plaintiff filed a motion with the Defendant to notify the Defendant of the result of the disposition on each of the charges accused of the divulgence of official secrets, prosecutor D, and E under Article 258 of the Criminal Procedure Act on the ground that “the Defendant was notified of a non-prosecution disposition only for the offense of defamation” (hereinafter “instant application”).

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

2. Determination on the defense prior to the merits

A. The Defendant’s assertion that the prosecutor is not in charge of the non-prosecution is not able to institute an administrative litigation, and the Defendant determined the details of the Plaintiff’s complaint and conducted a non-prosecution disposition.

B. In order for an administrative agency to be the subject of an appeal litigation against a request by one citizen, a passive illegal state that, if an administrative agency does not take a certain measure within a reasonable period of time despite a legal obligation to do so with respect to a request by a party, the administrative agency confirms that the omission is illegal, thereby promptly responding to the request by the administrative agency, thereby making it illegal.