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(영문) 수원지방법원 2016.04.20 2015구합69127
불기소사건열람등사불허가처분취소
Text

1. On September 24, 2015, the Defendant’s records of the instant case No. 2014 type No. 182888 against the Plaintiff at the Nanyang District Prosecutors’ Office.

Reasons

1. Details of the disposition;

A. The Plaintiff was investigated as a suspect in the case of surviving a crime at the Suyang District Prosecutors’ Office inside the Suwon District Prosecutors’ Office (Article 2014-type and 18288 of the Military Prosecutors’ Office; hereinafter “instant criminal case”), but was subject to a disposition on November 25, 2014 that the Plaintiff was not suspected of having been sentenced to the prosecution due to the lack of evidence.

B. On September 17, 2015, the Plaintiff filed a petition with the Defendant for a copy of all documents submitted by the complainants (written petition, transcript, and documentary evidence) among the records of the instant criminal case.

C. On September 24, 2015, the Defendant issued a notice of non-permission (hereinafter “instant disposition”) to the Plaintiff on the ground that “The scope of application for non-prosecution of the records of this case is limited to the documents in which the Plaintiff’s statement is written and the documents submitted by him/her. According to Article 7 of the work process guidelines regarding the perusal of the records of this case, the Plaintiff’s application for the copying of the records of this case is allowed within the necessary scope of the lawsuit. The information on the Plaintiff’s application for copying of the records of this case cannot be deemed as information within the necessary scope of the lawsuit. Even if it is not so, the relevant parties did not consent to the Plaintiff’s copying, and thus, it may be restricted pursuant to Article 59-2(2)7 of the Criminal Procedure Act (where the party concerned does not consent to the disclosure of the records), which was applied mutatis mutandis under Article 7 of the above guidelines, on the ground that the Plaintiff’s request for copying of the records of this case, other than the recording recorded by the Plaintiff (hereinafter “information”).

In the instant lawsuit, the Defendant’s personal information is confidential, such as resident registration numbers and resident registration numbers included in the pertinent information under Article 9(1)6 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) as the grounds for non-disclosure of the instant information.

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