1. A disposition rejecting a request for disclosure of information made by the Defendant against the Plaintiff on January 10, 2018 shall be revoked.

2.

1. Details of the disposition;

A. On May 28, 2015, the Plaintiff filed a complaint on the charge of fraud with the representative director B, field agent C, and D at the Suwon District Public Prosecutor’s Office, respectively, at the office of Suwon District Public Prosecutor’s Office. On November 6, 2015, the Plaintiff filed a non-prosecution disposition with respect to B, C, and D on November 6, 2015 in the aforesaid Pyeongtaek Housing Site Office.

(F) The case No. 10415 of the 2015 penal code, which was sentenced to prosecution of this case (hereinafter referred to as the “instant non-prosecution case”) at the office of the District Prosecutors’ Office.

On January 9, 2018, the Plaintiff filed a claim with the Defendant for disclosure of information on “A’s statement (other than personal information, such as personal information) in the investigation records of the instant non-prosecution case,” in order to secure evidence to be submitted in the relevant civil litigation (Seoul Central District Court 2016Gahap53325 case) filed against A.

(hereinafter “Request for Information Disclosure of this case” and the above information is “information of this case” C.

On January 10, 2018, the Defendant: (a) notified the Plaintiff of a non-disclosure decision on the grounds of Article 22(1)2 of the Rules on the Military Prosecutors’ Preservation Affairs; (b) rejected the instant claim for the disclosure of information (hereinafter “instant disposition”); and (c) added Article 9(1)3, 4, and 6 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) to the instant lawsuit on the grounds of the instant disposition.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. Summary of the plaintiff's assertion

A. The Prosecutorial Preservation Work Rules are merely administrative rules and do not constitute “where there are special provisions in other Acts concerning disclosure of information” under Article 4(1) of the Information Disclosure Act or “an order delegated by other Acts or subordinate statutes” under Article 9(1)1 of the Information Disclosure Act, and thus, the instant request for information disclosure cannot be rejected on the basis thereof.

(b)Article 9(1)3, 4, and 6 of the Information Disclosure Act shall apply.