1. On April 10, 2019, the Defendant’s refusal to disclose information pertaining to the information listed in the Attached Table 1, which was against the Plaintiff.

1. Details of the disposition;

A. On October 8, 2018, the Plaintiff filed a criminal charge of breach of trust with the Incheon Police Station. On April 2, 2019, the prosecutor filed a criminal charge of breach of trust with the Prosecutor, who rendered a non-prosecution disposition (No. 2018 type No. 3843, Jeju District Prosecutors’ Office, Jeju District Prosecutors’ Office).

B. On April 10, 2019, the Plaintiff applied for a copy of the instant case records to the Defendant. On the same day, the Defendant rendered a disposition rejecting the said application on the grounds that the part of the instant case records constituted grounds under Article 22(1)2 and 4 of the Rules on the Affairs of the Prosecution Preservation on the same day.

C. On May 9, 2019, the Plaintiff appealed against the disposition of non-prosecution on the said disposition. However, the Daejeon High Prosecutors' Office dismissed the decision on June 17, 2019.

Accordingly, the Plaintiff filed an application for adjudication on the non-prosecution disposition (Seoul High Court (Cheongju) but the said court dismissed the application on July 11, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination on the legitimacy of the instant disposition

A. The Plaintiff’s assertion 1) The Defendant cited “Article 22(1)2 and 4 of the Rules on the Preservation of Prosecutor’s Office” as the grounds for the instant disposition, but the said Rule merely provides for the internal administrative rules of administrative agencies that do not have the authority delegated by the Act, and thus, the said provision is governed by the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).

) The instant disposition cannot be deemed to constitute “special provisions of other Acts” under Article 4(1) or “an order delegated by other Acts or subordinate statutes” under Article 9(1)1. Therefore, there is no legal basis for the instant disposition. Thus, even if Article 2(1)2 and 4 of the Rules on the Affairs for the Preservation of Prosecutors’ Office, which is the basis for the instant disposition, embodys the grounds for non-disclosure under each subparagraph of Article 9(1) of the Information Disclosure Act, the instant disposition does not constitute the grounds for non-disclosure.

(b) Appendix 3 of the relevant statutes.