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| TITLE | 【Syllabus of Latest Opinion】 Supreme Court Order 2024Mo2182 Dated November 8, 2024 【Revocation of Disposition Refusing Inspection and Copying of Finalized Litigation Records; Reappeal Against Decision of Partial Acceptance for Alteration】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 Purpose of Article 59-2 of the Criminal Procedure Act Method of determining whether to correspond to “if the disclosure of the records of trial is likely to seriously defame a party involved in the case, harm such party’s privacy or security of life or body of such party, or impair the peace in such party’s life” as referred to in Subparag. 3 among the grounds for a restriction on disclosure stipulated in the main text of Article 59-2(2) of the Criminal Procedure Act and where a crime in a case relating to a criminal trial, for which adjudication is finally closed, regards the personal rights, privacy, security of life or body, and the peace in life of an individual as the protected legal interests thereof or corresponds to sexual crimes, crimes of stocking, retaliatory crime, etc., which are closely related thereto, matters to be considered in relation to the disclosure of the records of trial Meaning of “if it is deemed that there is a justifiable ground for inspecting or copying the records” in the proviso to Article 59-2(2) of the Criminal Procedure Act and method of determining whether a specific issue corresponds thereto Method of raising an objection to the prosecutor’s disposition refusing to allow, or placing a limitation on, the inspection and copying of the records of a criminal trial, for which adjudication is finally closed (held: quasi-appeal) and the court’s method of examination in such appeal proceedings | |
