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(영문) 수원지방법원 2017.11.21 2017구합1033
정보공개거부처분취소
Text

1. On September 7, 2016, the Defendant’s refusal to disclose information on the information listed in attached Table 1, which the Plaintiff had against the Plaintiff, is attached Form 2.

Reasons

1. Details of the disposition;

A. The Plaintiff is the complainant of the case No. 2015-type and No. 96180 of the Suwon District Prosecutors’ Office, and B is the suspect, and the prosecutor of the Suwon District Prosecutors’ Office affiliated with the Suwon District Prosecutors’ Office decided to prosecute the instant case without suspicion (defluence of evidence) on December 30, 2015.

B. On September 6, 2016, the Plaintiff, among the investigation records of the case No. 2015-type and No. 96180, disclosed all the interrogation records of B and all the evidence submitted by B (hereinafter “information of this case”) to the Defendant. The Plaintiff filed a request for disclosure of information with the content that B’s address, resident registration number, etc. should be deleted and disclosed.

C. On September 7, 2016, the Defendant rendered a non-disclosure decision on the following grounds: “Information pertaining to a pending trial and the prevention of a crime, investigation, institution and maintenance of a public prosecution, execution and correction of a sentence, and security disposition, which, if disclosed, substantially impede the performance of duties or infringes on the criminal defendant’s right to a fair trial” under Article 9(1)4 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”); or “personal information, such as resident registration number and resident registration number included in the pertinent information, which, if disclosed, is likely to infringe on the privacy or the freedom of privacy.”

(hereinafter “Disposition in this case”). / [Grounds for recognition] The fact that there is no dispute, significant fact in this court, entry of Gap evidence No. 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion cannot be deemed to constitute information subject to non-disclosure under Article 9(1)4 and 6 of the Information Disclosure Act, and thus, the instant disposition is unlawful.

B. The Defendant’s assertion 1 contains a large number of sensitive contents related to the criminal case, and thus, the method of investigation is open to the public.

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