1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

1. Facts of recognition;

A. The Plaintiff forged the application form B written in the name of the Plaintiff, and submitted it to the Seoul Central District Court for its use. The representative director of the non-party company filed a complaint for the forgery of the private document or the display of the private document.

On August 30, 2016, the public prosecutor C belonging to the Seoul Central District Public Prosecutor's Office decided that there was no suspicion about the above case.

B. The Plaintiff filed a lawsuit against the Prosecutor C with the Seoul Central District Court 2018 Ghana186720.

On June 12, 2018, the Plaintiff filed an application with the above court for a fact-finding on the prosecutor C’s address, resident registration number, and present workplace, along with the “Notice of Results of Disposition of Complaints and Accusations.” The above court rendered a fact-finding inquiry to the Ministry of Justice on June 20, 2018, along with the above fact-finding request document attached, but the Ministry of Justice respondeded on July 6, 2018 that the pertinent prosecutor could not submit relevant data because it is difficult for the Ministry of Justice to specify the relevant prosecutor.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 6, 7, 8, 10 through 13, and the purport of the whole pleadings

2. Although there is clear evidence that the non-party company alleged the plaintiff's assertion forged the application for subscription under the name of the plaintiff, the prosecutor C committed a non-prosecution disposition without investigating its employees. The Ministry of Justice attached a notice of the result of the disposition of a complaint or accusation case, which was accompanied by "the notice of the disposition of the complaint or accusation case," and thus, the Ministry of Justice intentionally avoided the answer, thereby infringing on the appropriate exercise of the citizen's right to claim a trial and the court'

3. Determination

A. The prosecutor’s decision on whether to prosecute the prosecutor’s non-prosecution’s non-prosecution disposition is unlawful only when there is a clear and apparent defect that it is extremely difficult to affirm the reasonableness of the pertinent judgment in light of the empirical and logical rules.