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(영문) 전주지방법원 2019.09.19 2018구합545
정보공개거부처분취소
Text

1. On October 25, 2018, the Defendant’s non-prosecution case records as to each information listed in the list (attached Form 1) against the Plaintiff.

Reasons

1. Details of the disposition;

A. While the Plaintiff was tried as the Defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust) (hereinafter “Plaintiff’s criminal case”), the Plaintiff applied for a certified copy of the investigation records of the previous District Prosecutors’ Office B (hereinafter “instant case subject to the claim”) owned by the previous District Prosecutors’ Office (hereinafter “instant case”).

B. On February 23, 2018, the Defendant refused to send a certified copy of the above certification, and the Plaintiff requested the Defendant to inspect and copy the information claimed.

C. On October 25, 2018, the Defendant rendered a disposition of denying the inspection and copying on the ground that the information subject to a claim falls under Article 22(1)2 and 4 of the Rules on the Preservation of Prosecutors' Offices (where disclosure of records is likely to seriously undermine the honor, privacy, safety of life and body, and peace of life of a person involved in the case) (where the disclosure of records is likely to cause serious harm to the reputation, privacy, or peace of life of a person involved in the case) and falls under the investigation method to be kept confidential or unnecessary dispute is likely to occur due to disclosure of records).

(hereinafter “instant non-permission disposition”). D.

On the other hand, with respect to the instant case’s grounds for non-disclosure of the information, the Defendant may infringe on the privacy or freedom of individuals, including the name, resident registration number, and other personal information included in the pertinent information under Article 9(1)4 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) and Article 9(1)6 of the same Act (where disclosed, there are reasonable grounds to believe that the disclosure of the information is considerably difficult.

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