Prosecution Can’t Keep Fund Records Secret, Court Rules
🧾 Case Overview
The Seoul Administrative Court ruled that prosecutors must disclose certain special activity fund records.
A civic group won a lawsuit challenging the prosecution’s refusal to disclose information.
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📌 Key Facts
The civic group requested disclosure of:
Monthly special activity funds used by the Seoul Central District Prosecutors’ Office
Specifically:
Allocated amount (income)
Spent amount (expenditure)
Remaining balance
The prosecution refused disclosure:
Citing the Information Disclosure Act
Arguing it could harm ongoing investigations and official duties
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⚖️ Legal Issue
Whether these financial details qualify as:
Non-disclosable information related to investigations and criminal proceedings
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🏛️ Court’s Decision
The refusal to disclose was unlawful
The court ordered cancellation of the non-disclosure decision
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🧠 Court’s Reasoning
Not all information in special activity fund records is automatically confidential
Each piece of information must be assessed individually
The requested data (totals like income, spending, balance):
❌ Does not reveal:
Specific investigations
Targets or methods
Operational details
❌ Does not significantly hinder prosecutorial duties
Therefore:
It does not meet the legal standard for non-disclosure
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💡 Key Takeaways
✔️ Government agencies cannot broadly classify financial records as secret
✔️ Transparency can be required if disclosure does not meaningfully harm operations
✔️ Courts favor case-by-case analysis, not blanket secrecy
Article: https://www.lawtimes.co.kr/news/articleView.html?idxno=217640
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