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(영문) 서울행정법원 2017.09.22 2017구합51389
불기소사건등사불허가처분취소
Text

1. On January 4, 2017, the Defendant’s office of Seoul Dong District Prosecutors’ Office (2013 type No. 34807) that rendered to the Plaintiff is also the copy of the case’s records.

Reasons

1. Details of the disposition;

A. In around 2013, the Plaintiff filed a complaint with B with the Seoul Dong District Prosecutors' Office as a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), but was subject to a disposition of non-prosecution (suspected) on December 12, 2013.

(2013No. 34807). The Plaintiff appealed, but was dismissed on February 19, 2014 (Seoul High Public Prosecutor's Office 2014 High Public Prosecutor's Office 2014 High Public Prosecutor's Office 928), and the application for the ruling was dismissed on May 2, 2014.

(Seoul High Court 2014 seconds122).(b)

On January 3, 2017, the Plaintiff filed a motion for copying the investigation records of the instant case to the Defendant.

On January 4, 2017, the Defendant issued a written statement stating the Plaintiff’s statement, a written complaint, a written complaint, a written complaint, and a written ruling on the remainder of the records except for the Plaintiff’s written statement on the ground that “the disclosure of records may impair the honor, privacy, life, physical safety, or peace of life of a person involved in the case, and the disclosure of records may cause any divulgence of confidential or unnecessary dispute.”

(hereinafter “instant disposition”). C.

On the other hand, on July 4, 2016, the Plaintiff filed a petition with the Defendant for copy of the case record No. 54702 [Around September 2, 2015, the Plaintiff filed a complaint with B as a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), but the disposition of non-prosecution was rendered]. However, the Defendant issued a written notice of non-acceptance of copy on July 6, 2016.

Accordingly, the Plaintiff filed a lawsuit seeking revocation of the disposition (Seoul Administrative Court 2016Guhap69123), and on April 21, 2017, sentenced to revocation of the part concerning the remaining information except personal information.

The plaintiff completed a copy of a document in accordance with the above judgment, and reduced the purport of the claim as stated in the order on August 28, 2017.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, and purport of the whole pleadings.

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