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서울행정법원 2020.06.19 2019구합6758

수사기록 정보공개청구이행 및 거부처분취소

Text

1. On October 24, 2019, the Defendant stated the attached non-disclosure information in the disposition of non-disclosure of investigation records made against the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is the complainant of the case No. 2014-type and No. 49203 at the Seoul Dong-dong Seoul District Prosecutors’ Office, which was not a public prosecution disposition. On October 22, 2019, the Plaintiff requested the Defendant to disclose information on the suspect’s statement, the suspect’s evidentiary materials, and the police’s written opinion (hereinafter “instant information”).

(See Evidence No. 1, hereinafter referred to as “instant application”). (b)

On October 24, 2019, the defendant may request the plaintiff to inspect or copy the documents containing his/her statement (including the audio or video recordings) and the documents submitted by him/her (hereinafter referred to as "record of non-prosecution case, etc.") in accordance with the application form for perusal or copy of the case records in attached Forms 5, 5-2 or 5-3 of the Rules on the Preservation of Prosecutors' Offices (application for perusal or copy of the case records, etc.) and the documents submitted by him/her (hereinafter referred to as "record of non-prosecution case records, etc.") in accordance with the application form for perusal or copy of the case records in attached Forms 5, 5-2 or 5-3 of the Rules on the Preservation of Prosecutors' Offices:

3. With respect to an application for inspection and copying of the records of non-prosecution cases, etc. under Article 20-2 by a complainant, accuser, or a public prosecutor under Article 22 (Restrictions on Inspection and Copying of Records of Non-prosecution Cases, etc.) (1) In any of the following cases, perusal and copying of records may be restricted:

2. Where the disclosure of records is likely to seriously harm the honor or privacy of a person involved in a case, the safety of life and body, or the peace of life;

4. If the disclosure of records is likely to divulge confidential information in the investigative method to be kept confidential or to cause unnecessary dispute, the disclosure of suspect statements, suspect submission documents, and police opinion filed by the Plaintiff would impair the honor, privacy, safety of body, and peace of life of a person involved in the case due to the disclosure of records.