Heo Kyung-young's Request to Disclose Police Call Records Dismissed in Appellate Court

A lawsuit filed by Heo Kyung-young, honorary representative of the National Revolutionary Party, demanding the disclosure of mobile phone call records of police officers who investigated him for alleged molestation of followers, has been dismissed by the appellate court as well.

The Seoul High Court's Administrative Division 8-2 (Presiding Judges Kim Bong-won, Lee Young-chang, and Choi Bong-hee) recently upheld the first-instance ruling to dismiss the case, in which Heo sought to cancel the Gyeonggi Bukbu Provincial Police Agency's decision to deny his request for information disclosure.

In April 2024, Heo's legal counsel requested the disclosure of information, including mobile phone call records, regarding the police officers who investigated Heo for quasi-forcible molestation.

At the time, Heo was under police investigation following accusations that he had molested female followers by touching their bodies under the guise of providing counseling at his religious facility, "Haneulgung."

Specifically, Heo's side demanded the disclosure of the dates, times, and frequency of calls, as well as text message records exchanged between the investigators in charge of the case and the lawyers representing the complainants, on both official and personal mobile phones.

The police decided not to disclose the information, stating, "Disclosing such information could undermine the fairness of the investigation and infringe upon the privacy of the investigators." Heo subsequently filed an administrative lawsuit.

The first-instance court dismissed the lawsuit, ruling that it had not been proven that the police actually possessed the information Heo requested.

Citing Supreme Court precedents, the first-instance court stated, "The requester for information disclosure bears the burden of proving that there is a reasonable probability that the public institution holds and manages the information sought for disclosure."

The court further determined that since Heo failed to prove this, he lacked the legal interest to challenge whether the information should be disclosed.

The appellate court also dismissed Heo's appeal, stating, "The evidence submitted by the plaintiff is insufficient to acknowledge that the police possess and manage the information in question."

Meanwhile, the police referred Heo to the prosecution on charges including molestation of followers, and after further investigation, the prosecution indicted Heo under detention in June of last year on charges of quasi-forcible molestation and fraud.

Heo, who was released after three requests for bail, is currently standing trial without detention.

(Photo: Yonhap News)
※ Please note: This article was translated by AI and may contain errors.