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(영문) 대전지방법원 2020.02.13 2019구합102290
불기소사건기록등 열람등사 불허가처분 취소 청구의 소
Text

1. As to the instant lawsuit, other information than the information listed in the separate sheet No. 1 among the information listed in the separate sheet No. 2.

Reasons

1. Details of the disposition;

A. On February 28, 2019, the Plaintiff filed a criminal complaint against B and C serving in the Special Judicial Police Team for the purpose of suspicion of abuse of official authority, etc., and rendered a final decision that the Defendant was suspected of having committed such offense.

Daejeon District Prosecutors' Office 2018 type 53482).B

The Plaintiff filed an application with the Defendant for a copy of the non-prosecution case record as to the information listed in the attached list 2.

C. On March 8, 2019, the Defendant permitted an application for copying of the remaining information except for the information listed in the separate sheet No. 1 (hereinafter “instant information”). However, on the instant information, the Defendant rejected an application for copying on the ground that the disclosure of the records constitutes “any fears that the disclosure of the records may seriously harm the honor or privacy of a person involved in the instant case, the safety of life and body, or the peace of life” (Article 22(1)2 of the Rules on the Public Prosecutor’s Affairs) and “any other significant grounds deemed inappropriate to disclose records” (Article 22(1)5 of the said Rules).

(hereinafter “instant non-permission disposition”). [Grounds for recognition] without dispute, entry of Gap’s 1 through 3, and the purport of the whole pleadings

2. We examine ex officio whether the part of the lawsuit of this case concerning the remaining information except the information of this case is legitimate, and as seen earlier, the defendant permitted a copy of the other information except the information of this case among the information listed in the separate sheet No. 2. The part concerning the claim for cancellation, which is premised on the existence of a non-permission disposition for copy, is unlawful because there is no administrative disposition subject to the cancellation.

3. Whether the non-permission disposition in this case is legitimate

A. The main point of the Plaintiff’s assertion is that the non-permission of an application for copying the remaining information, excluding the part corresponding to personal information, was made without any legal basis and is unlawful.

(b) relevant legal principles 1.

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