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(영문) 수원지방법원 2019.12.19 2019구합805
정보공개거부처분취소
Text

1. On November 15, 2018, the Defendant’s refusal to disclose information on the information listed in the Attached Table 1, which was against the Plaintiff.

Reasons

Details of the disposition

On December 27, 2017, the Plaintiff accused B and 14 other than B working at the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the party police station

On June 28, 2018, the prosecutor of the Sung-nam District Prosecutors' Office of the Suwon District Prosecutors' Office dismissed the appeal, and the plaintiff appealed, but the rejection of appeal and re-appeal was issued.

(hereinafter “instant criminal case”). On October 24, 2018, the Plaintiff filed a request for disclosure of information on the remainder of the investigation records, excluding matters pertaining to individuals under Article 9(1)6 of the Information Disclosure Act, among all the investigation records, including written opinions by judicial police officers, written statements by the defendant, written statements by the defendant, written statements by the defendant, written requests by judicial police officers concerning the defendant's client, etc., and written requests by the defendant's client and the branch office, etc. for submission of data by judicial police officers.

However, on November 15, 2018, the Defendant rendered a ruling rejecting the above application on the grounds of Article 9(1)4 and 6 of the Information Disclosure Act, and the Plaintiff filed an objection, but the objection was also dismissed on November 23, 2018.

On December 4, 2018, the plaintiff appealed and filed an administrative appeal with the Seoul High Public Prosecutor's Administrative Appeals Commission. On March 19, 2019, the Seoul High Public Prosecutor's Administrative Appeals Commission accepted the part concerning the opinion of the judicial police officer (excluding personal information, such as the name) among the plaintiff's claims, and made a ruling dismissing the remaining claims.

[hereinafter] Each information listed in the separate sheet No. 1 (hereinafter “each information of this case”) with the exception of the part partially revoked as above.

A) The Defendant’s disposition rejecting the disclosure of information pertaining to the instant disposition (hereinafter “instant disposition”), / [Grounds for recognition] without dispute, entry of evidence Nos. 1, 2, 3, 5, 8, 9, and 10, and the overall purport of the instant disposition is as stated in the relevant statutes and regulations, as to the legitimacy of the disposition of the instant case as a whole.

Judgment

Information Disclosure Act which corresponds to non-disclosure information under Article 9 (1) 4 of the Information Disclosure Act.

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