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(영문) 부산지방법원 2019.06.20 2018구합25579
정보비공개처분취소
Text

1. Attached Form 3 of the Disposition of Non-permission on Inspection and Copying of each of the information listed in Attached Forms 1 and 2 rendered by the Defendant to the Plaintiff on September 17, 2018.

Reasons

1. Details of the disposition;

A. The Plaintiff filed a complaint with the Busan District Prosecutor’s Dong District Prosecutors’ Office (No. 2012 type No. 132166, No. 2013 type No. 32143) against the charge of violating the Copyright Act, and the prosecutor in charge did not impose a non-prosecution disposition against all the relevant suspects (Evidence of Evidence).

Accordingly, the plaintiff appealed to the Busan High Prosecutors' Office on non-prosecution disposition, but was dismissed.

B. On September 13, 2013, the Plaintiff filed a request for inspection and copying of each of the information specified in attached Table 1 with respect to each of the instant non-prosecutions case, and each of the information specified in attached Table 1 with respect to the case in [Attachment 2012-Type 132166]. As to the case in [Attachment 2013-type 32143, the Plaintiff filed a request for inspection and copying of each of the information, the complainant’s statement, the investigation report, 72 pages, 178 pages, and 180 pages

C. On September 17, 2018, the Defendant allowed perusal and copying of the remaining information except each information listed in attached Tables 1 and 2, and allowed perusal and copying on the grounds that each information listed in attached Tables 1 and 2 (hereinafter “instant information”) constitutes information subject to non-disclosure.

(hereinafter “instant disposition”) D.

Article 9(1)6 of the Official Information Disclosure Act and Article 22(1)2 of the Rules on the Affairs for the Preservation of Prosecutors’ Office provide that “The decision is made as per Disposition,” and Article 22 subparag. 2, 4, and 5 of the Rules on the Affairs for the Preservation of Prosecutors’ Office among the grounds for non-permission of partial non-permission of perusal and copy of the records of prosecution, etc. attached to the above decision, the seal of the public prosecutor in charge is affixed.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Defendant’s Prosecutor’s Office Rules (hereinafter “instant Rules”)

Article 22(1)2 of the Official Information Disclosure Act and the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).

§ 9.

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