The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

1. Article 4(1) of the former Official Information Disclosure Act (amended by Act No. 11991, Aug. 6, 2013; hereinafter “Information Disclosure Act”) provides that “Any disclosure of information shall be governed by this Act, except as otherwise provided for in other Acts.”

In order to exclude the application of the Information Disclosure Act by falling under “where there are special provisions in other Acts with respect to the disclosure of information,” the said special provisions must be “legal provisions” and further, the subject and scope of the information disclosure, procedures for the disclosure of information, information subject to non-disclosure, etc. should be different from the Information Disclosure Act.

(1) Article 59-2 of the Criminal Procedure Act provides for the disclosure of information under Article 4(1) of the Information Disclosure Act (see, e.g., Supreme Court Decision 2007Du2555, Jun. 1, 2007). In light of the content and purport, etc. of Article 59-2 of the Criminal Procedure Act, Article 59-2 of the Criminal Procedure Act constitutes “where any other Act expressly provides for the disclosure of information” under Article 4(1)

Therefore, a request for disclosure under the Information Disclosure Act is not allowed with respect to the disclosure of criminal trial records (see, e.g., Supreme Court Decision 2013Du20882, Dec. 15, 2016). 2. Review of the reasoning of the lower judgment and the record reveals the following.

On September 24, 2011, the Plaintiff suffered injury from a passenger car driven by B. However, upon the escape of B, the Plaintiff filed a complaint with the police, and B claimed that C was driving by Dong C, a birth, and was investigated by the police on October 1, 201 as a suspect.

After that, B reversed his statement that he was driving, and was examined by the police on January 3, 2012 and January 16, 2012.

B. The latter is the Seoul Central District Court on March 7, 2012.