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(영문) 서울행정법원 2019.10.25 2019구합63874
정보공개거부처분취소
Text

1. Of the instant lawsuit, the part of the claim seeking revocation of the disposition rejecting the disclosure of information pertaining to B’s statement.

Reasons

1. Details of the disposition;

A. The Plaintiff was investigated as a criminal suspect in the Seoul Central District Prosecutors’ Office 2017-type and 19174 occupational breach of trust (hereinafter “related criminal case”), but was subject to a non-prosecution disposition by a non-prosecution disposition on November 20, 2017.

B. The Plaintiff filed a claim with the Defendant for the disclosure of information as to C and B’s written statement and the written questioning of the Plaintiff (suspect), C and B, among the records of the relevant criminal case.

C. On April 26, 2019, the Defendant disclosed the part of the Plaintiff’s statement in the examination protocol of the Plaintiff, C, and B, and the part of the Plaintiff’s statement and the part of the Plaintiff’s statement in C, C, and B’s examination protocol of the large quality of the Plaintiff, C, and B’s statement in C and B’s Article 9(1)6 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) ① Information held and managed by public institutions is subject to disclosure.

Provided, That the following information may not be disclosed:

6. Personal information, such as names, resident registration numbers, etc. included in the relevant information, which, if disclosed, is deemed likely to infringe on the privacy or freedom of individuals: Provided, That the following personal information shall be excluded:

Information that may be perused pursuant to statutes;

(b) Information prepared or acquired by a public institution for the purpose of publication, which does not unfairly infringe on the privacy or freedom of privacy;

(c) Information prepared or acquired by a public institution and deemed necessary for the public interest or for the relief of rights of individuals;

(d) Names and positions of public officials who perform duties;

E. The disclosure was necessary for the public interest and was subject to a disposition that “Non-disclosure in accordance with the name and occupation of an individual entrusted or commissioned by the State or a local government” in accordance with legislation.

A prosecutor belonging to the Seoul Central District Prosecutors' Office shall be a prosecutor of 2018.

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