Background
Two of our clients bought fractional shares of land in Gyeonggi Province from a company after being told that a water-source protection zone would soon be lifted, large-scale development was coming, and houses could be built there. They paid approximately KRW 13.33 million and KRW 18.30 million respectively. In fact, the zone was never lifted and no housing could be built.
Law Firm Changchun filed a fraud complaint against the company's CEO, director and auditor. In March 2023, the police closed the case without referral for insufficient evidence. In February 2024, Changchun requested each suspect's interrogation record, excluding personal data. The police chief refused all three requests, citing privacy and interference with investigations.
What Was at Stake
The police relied on the Official Information Disclosure Act and an internal National Police Agency rule on access to investigation documents. The issues were whether that rule could justify non-disclosure and whether the records actually contained protected information.
How Changchun Helped
Acting as the complainants' representative, Changchun filed a separate suit for each suspect. The court accepted the following points:
An internal rule is not a legal basis. The rule is an administrative guideline without statutory delegation, so it cannot make information confidential.
The records held only routine questions and answers. They covered how each person became an officer, whether they were active, and what they knew of the sales—nothing touching private life or anyone's safety.
The investigation was over. Because the case had been closed, disclosure could not seriously hamper police work.
Outcome
In judgments delivered in September 2024, April 2025 and May 2025, the first-instance courts revoked all three refusals for the records excluding personal data and ordered the police chief to bear the costs. The first judgment became final in October 2024.
Where several suspects were questioned, each record may tell a different story. Securing them one by one strengthens later objections and civil claims. (Outcomes depend on the facts of each case.)