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(영문) 부산지방법원 2017.09.15 2017구합2548
재판확정기록인증등본불허가처분취소
Text

1. The part of the conjunctive claim in the instant lawsuit is dismissed.

2. Attached Form 1. As to the Plaintiff on June 13, 2017.

Reasons

1. Details of the disposition;

A. The plaintiff filed a complaint with the Busan District Prosecutors' Office on the charge of fraud and embezzlement, and the prosecutor filed a non-prosecution disposition against B on the ground that he is not guilty (defensive of evidence).

(In Busan District Public Prosecutor's Office No. 2614 case in 2016, hereinafter "the non-prosecution case in this case") B.

The Plaintiff filed a lawsuit against Busan District Court No. 2016Da36511 seeking the return of loan (hereinafter “instant civil lawsuit”). On February 1, 2017, in order to secure evidence in the instant civil lawsuit, the Plaintiff filed an application for the request for the delivery of documents to the prosecutor and the police’s protocol regarding B among the investigation records of the instant non-prosecution case, and the said court accepted this request and accepted the request for the delivery of documents to the Defendant, but the Defendant refused to send the documents on May 17, 2017.

C. The Plaintiff’s list on May 17, 2017 attached Table 1A.

The court requested the defendant to submit a document on the interrogation protocol of the police (hereinafter “instant information”) as indicated in the Paragraph, and the above court requested the defendant to send the instant information, but the defendant did not permit the delivery of the instant information on June 13, 2017 on the ground that “the instant information is likely to seriously undermine the honor, privacy, safety of life and body, or peace of life of a person involved in the instant case, and constitutes another person’s statement document.”

(hereinafter “instant disposition”) D.

Article 9(1)3 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”), and Article 9(1)6 of the same Act (Article 9(1)3 of the same Act (Article 9(1)1 of the same Act (Article 9(1)2 of the same Act) (Article 9(1)1 of the same Act (Article 9(1)1 of the same Act) provides that the instant information may seriously obstruct the protection of people’s lives, bodies and property

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