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(영문) 서울행정법원 2021.03.12 2020구합53095
정보공개거부처분취소
Text

The Defendant’s each information listed in the separate sheet No. 1 attached hereto (Provided, That each information listed in the separate sheet No. 2 attached hereto) against the Plaintiff on November 8, 2019.

Reasons

1. Details of the disposition;

A. The Plaintiff is a complainant of the case No. 42159 of the Seoul Southern District Prosecutors’ Office (suspect: hereinafter “relevant criminal case”).

B. On June 16, 2016, the prosecutor of the Seoul Southern District Prosecutor’s Office rendered a non-prosecution disposition on the charge of relevant criminal cases (insufficient evidence).

(c)

On October 28, 2019, the Plaintiff included “case records No. 33424 of Seoul Southern District Prosecutors’ Office” and each non-prosecution decision in addition to the relevant criminal case records in the information for which the Plaintiff requested disclosure to the Defendant at the time.

The defendant imposed fees on the above non-prosecution decision and made a non-disclosure decision on the part of the records of related criminal cases and Seoul Southern District Prosecutor's Office No. 2014 type No. 33424.

The Plaintiff sought revocation of the Defendant’s non-disclosure decision regarding part of the relevant criminal cases and investigation records of the Seoul Southern District Prosecutors’ Office No. 2014 type No. 33424 in the instant lawsuit. However, during the litigation, the Defendant submitted evidentiary materials along with his opinion that the case records of the Seoul Southern District Prosecutors’ Office No. 2014 type No. 33424 were discarded for reasons such as expiration of the preservation period. The Plaintiff changed the purport of the Plaintiff’s request for revocation of the disclosure of information as to each information in the relevant criminal case records on September 25, 2020 by filing an application for alteration of the purport of his/her request on September 25, 2020, and thus, the same is limited to the relevant criminal case records.

A request for disclosure of information on information was made.

On November 8, 2019, the Defendant’s refusal to make disclosure of each of the information listed in the separate sheet No. 1 (hereinafter “instant information”) among the relevant criminal cases on the ground that the information constitutes grounds under Article 9(1)4 and 6 of the former Official Information Disclosure Act (amended by Act No. 17690, Dec. 22, 2020; hereinafter “former Information Disclosure Act”).

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