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(영문) 대구지방법원 2018.05.02 2018구합38
정보공개거부처분취소
Text

1. Attached Form that the Defendant rendered to the Plaintiff on December 15, 2017

1. Attached Form of a disposition rejecting disclosure of the information stated in the list;

2. The list.

Reasons

1. Details of the disposition;

A. The Plaintiff filed a complaint with the Daegu District Prosecutors’ Office (No. 7578, 2012, No. 2810, 2017) on B, C, and D with the purport that “B injured the Plaintiff, and C, and C, and D, who forced the Plaintiff to assault the Plaintiff, detained the Plaintiff, detained the Plaintiff on the 112 patrols, and led to verbal abuse without a warrant.”

(hereinafter referred to as "appeal case") b.

Meanwhile, on August 23, 2013, the Plaintiff was sentenced to a suspended sentence of two-year imprisonment for eight months for a criminal offense, which was sentenced to a suspended sentence of two-year imprisonment in the Daegu District Court (2013dan3207).

On December 20, 2013, the above judgment withdrawn an appeal (Tgu District Court 2013No2687) and became final and conclusive as it is.

C. On November 13, 2017, the Plaintiff: (a) attached Form pertaining to the Defendant’s accusation case;

1. An application was filed for disclosure of the information recorded in the list (hereinafter “instant information”).

On December 15, 2017, the Defendant rejected the disclosure of information under Article 9(1)6 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) and Article 22(1)2 of the Rules on Public Prosecutor Preservation Affairs.

(hereinafter “instant disposition”). 【The ground for recognition】 The fact that there is no dispute, Gap’s 1 through 9 (including each number; hereinafter the same shall apply), Eul’s 1, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion does not constitute information subject to non-disclosure under Article 9(1)6 of the Information Disclosure Act.

Therefore, the instant disposition should be revoked as it is unlawful.

B. Attached Form of relevant statutes

3. The entry into the relevant Acts and subordinate statutes;

C. As a result of the court’s examination of illegality of a disposition rejecting the disclosure of information by an administrative agency, when the information refused to be disclosed is mixed with the information subject to non-disclosure and the part that can be disclosed, and the two parts can be separated to the extent that it does not contravene the purport of the request for disclosure.

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