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(영문) 서울행정법원 2020.04.16 2019구합63836
정보공개거부처분취소
Text

1. The defendant's disposition of non-permission to inspect and copy each of the documents listed in the [Attachment] list to the plaintiff on March 21, 2019.

Reasons

1. Details of the disposition;

A. The Plaintiff is a business employee who manages the branch of B, a bathing room company, and C is a person whose agency contract is terminated due to the occurrence of various outstanding amounts after concluding an agency contract with the said company through the Plaintiff.

B. In around 2017, the Plaintiff was subject to investigation by the investigative agency for a period of one year after being accused of fraud, interference with duties, and assault by C, etc., the Plaintiff was subject to a non-prosecution disposition by the prosecutor of the Seoul Eastern District Prosecutors’ Office on December 28, 2018, on the charge of fraud, interference with duties, and the suspicion of interference with duties, and on the charge of occupational embezzlement and occupational breach of trust. The Plaintiff was subject to a non-prosecution disposition by the Seoul East East District Prosecutors’ Office on December 28, 2018 (Seoul District Prosecutors’ Office No. 21080).

C. On March 2019, the Plaintiff filed a request for the inspection and copying of the documents on the principal’s statement, documents to be submitted by the principal, and all other records of the case except for these documents. On March 21, 2019, the Defendant rendered a disposition of non-permission on the remainder of the records of the case except for the documents on the principal’s statement and documents submitted by the investigative agency (where disclosure of records is likely to seriously undermine the honor or privacy of a person involved in the case, the safety of life and body, or the peace of life) under Article 2(1)2 of the Rules on the Affairs for the Preservation of Public Prosecution (where disclosure of records is likely to cause serious harm to a person involved in the case’s reputation, privacy, or peace

(hereinafter referred to as the “instant disposition”), among the dispositions of non-permission for perusal and copy, the Plaintiff’s perusal and copy of each of the documents specified in the list of specific documents in the instant lawsuit process (attached Form) / [the grounds for recognition] / Each of the documents Nos. 1 and 2, and the purport of the entire pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion of this case is without legal basis, and each of the documents listed in the list (attached Form) does not exceed the Official Information Disclosure Act.

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