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  • 行政与税务 Information Disclosure Refusal Cancelled, Securing Key Defense Materials in Quasi-Rape Case

  • 정보공개거부처분 취소 성공하여 피의자의 알 권리 지켜낸 행정전문변호사

    Law Firm Taelim success case | Successful cancellation of information disclosure refusal

    #LawFirmTaelim #LegalConsultation #CancellationOfInformationDisclosureRefusal #CancellationOfAdministrativeDisposition

    After being reported on suspicion of quasi-rape, the client filed a request for information disclosure with the defendant, such as the investigative agency, in order to exercise the right of defense and understand whether the report was true. The defendant, however, refused disclosure on the ground of invasion of personal privacy. Unable to access even the basic materials needed to respond to an allegedly false accusation, the client came to Law Firm Taelim.

    Law Firm Taelim??s administrative litigation attorneys sharply pointed out that the defendant??s nondisclosure disposition was an arbitrary decision lacking a sufficient legal basis. Taelim logically proved that the contents of the complainant??s statement, excluding personally identifying information, presented a low risk of invading intimate privacy or causing personal harm.

    Taelim strongly argued that the client??s right to know and interest in obtaining remedies, including reviewing the validity of the statement and preparing a legal response by assessing the possibility of false accusation, far outweighed the nondisclosure interest asserted by the defendant. Taelim emphasized that issuing a refusal disposition for information not subject to nondisclosure under the Information Disclosure Act was a legal error and an unlawful administrative disposition that should be cancelled.

    The court fully accepted Law Firm Taelim??s arguments. It found that the information was difficult to regard as nondisclosable information under the Information Disclosure Act, cancelled the defendant??s refusal disposition, and granted the client??s claim. The client was thereby able to obtain the complainant??s statement, which would be essential for future criminal defense.

    This judgment serves as a warning against the practice of investigative agencies invoking privacy protection to infringe the defense rights of accused persons. Through administrative litigation, Law Firm Taelim restored the client??s lawful rights and created a solid legal foundation so that the client would not be placed at a disadvantage in the criminal process.

    ** If you are facing difficulties similar to the case above, please contact Law Firm Taelim at any time.

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