All
| TITLE | Supreme Court Decision 2017Du44558 Decided September 7, 2017 【Revocation of Disposition Denying the Perusal and Copy of a Non-Indictment Case Record, etc.】 [full Text] |
|---|---|
| Summary | |
|
[1] In cases where, of non-indictment record or internal investigation record, the details of a statement other than the personal information of the accused, etc. as indicated in the suspect interrogation protocol, etc. are likely to infringe on privacy or individual freedom, whether the foregoing falls under the information exempt from disclosure as provided under Article 9(1)6 main text of the Official Information Disclosure Act (affirmative) [2] Method of determining whether the disclosure of a certain piece of information “is deemed necessary for remedying an individual’s rights” as provided under Article 9(1)6(c) of the Official Information Disclosure Act [3] Purport of exempting from disclosure “information pertaining to criminal investigation, which, if disclosed, has considerable grounds for significantly obstructing the performance of duty” under Article 9(1)4 of the Official Information Disclosure Act and the information falling under the same, and requirements for such investigation records as written opinions, etc. to fall under the aforementioned scope of information exempt from disclosure In this context, the meaning of “information which, if disclosed, has considerable grounds for significantly obstructing the performance of duty,” and the method of determining whether a certain piece of information falls under the same [4] Whether the possibility of remedying the disclosure petitioner’s rights, etc. has any bearing on the decision whether to disclose a certain piece of information (negative) |
|
