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(영문) 광주지방법원 2020.08.20 2019구단1817
정보공개거부처분취소
Text

The instant lawsuit is dismissed.

Costs of lawsuit shall be borne by the defendant.

Reasons

1. Details of the disposition;

A. On November 26, 2015, the Plaintiff is a prisoner who is currently confined in the Gwangju prison, for whom a sentence of 20 years has become final and conclusive by imprisonment for attempted murder, etc.

B. On March 20, 2018, the Plaintiff received the head of the accusation and the head of the accusation against the prison officers belonging to the Gwangju District Prosecutors’ Office by mail. On March 30, 2018, the Gwangju District Prosecutors’ Office sent a copy of the accusation and the head of the accusation by mail to the Gwangju Prison.

C. On October 31, 2019, the Plaintiff filed a claim with the Defendant for the disclosure of information under the entirety of the Plaintiff’s written accusation (hereinafter “instant information”). On November 5, 2019, the Defendant rendered a decision on the existence of information (hereinafter “instant disposition”) on the ground that the Plaintiff did not retain the instant information to the Plaintiff.

On the other hand, on November 20, 2019, while the lawsuit of this case was pending, the defendant submitted the above information as a documentary evidence (Evidence B No. 3) to the plaintiff on January 31, 2020 when the plaintiff refused to receive the above information, and disclosed it to the plaintiff. On August 5, 2020, the mail bags sent by the Gwangju District Prosecutors' Office to the same seal attached the above information was not included in the contents of the information of this case, but the defendant voluntarily disclosed at the plaintiff's request.

Do also disclosed to the Plaintiff.

[Ground of Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 to 4, the purport of the whole pleadings (including each reference material)

2. As the Defendant’s judgment on the instant safety defense disclosed all of the instant information, the instant lawsuit is unlawful, since it is alleged that the instant information is unlawful. As seen earlier, the instant lawsuit seeking disclosure of the said information is unlawful as there is no legal interest, since the Defendant had already disclosed the instant information to the Plaintiff.

3. The lawsuit of this case is unlawful and dismissed.

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