Court: "Name of Prosecutor Directing Immediate Appeal Is Not Subject to Non-Disclosure"

[Asia Economy Reporter Seongpil Cho] The court has ruled that it is unjust for the prosecution not to disclose the name of the prosecutor who ordered the immediate appeal against the trial decision.

According to the legal community on the 22nd, the Seoul Administrative Court Administrative Division 12 (Chief Judge Hong Sunwook) recently ruled in favor of Mr. A in a lawsuit filed against the Seoul High Prosecutors' Office Chief Prosecutor seeking cancellation of the refusal to disclose information. The court stated, "The information in question does not pertain to matters in the decision-making process or internal review process," and added, "Even if it did, the Information Disclosure Act stipulates that the requester must be notified once the internal review process is completed." Furthermore, the court ruled, "It is difficult to recognize that the information falls under the category of 'cases where disclosure would significantly hinder the fair performance of similar duties.'

Previously, Mr. A filed an administrative lawsuit against the B District Prosecutors' Office in 2015, seeking cancellation of the refusal to allow inspection and copying of a non-prosecution case, and partially won. Subsequently, in November 2019, Mr. A filed an application with the court to confirm litigation costs against the B District Prosecutors' Office, and in February of this year, the court accepted the application and ordered reimbursement of litigation costs. However, the B District Prosecutors' Office appealed the decision. In response, Mr. A requested the disclosure of the name, position, and affiliated department of the Seoul High Prosecutors' Office prosecutor who ordered the immediate appeal.

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