beta
(영문) 대구지방법원 2014.12.12 2014구단1388

정보공개거부처분취소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. From January 1, 2014 to May 27, 2014, the Plaintiff filed a request for disclosure of information on the part other than personally identifiable information in the list of prisoners’ purchase, plant, and medicine guide books (including the address of the place of delivery) with the Defendant from January 1, 2014 to May 27, 2014. However, on June 2, 2014, the Defendant: (a) removed other person’s personal information; (b) decided to disclose the information under the above paragraph (3) to the public; and (b) decided to disclose the information under the above paragraph (2) to the Defendant on the ground that it does not fall under the Defendant’s possession, management, and production of the information (hereinafter “instant disposition”). However, the Defendant did not make a request for disclosure of the information during the period of submission of the written notice, excluding the written notice, during which the Defendant sought disclosure of the information.

[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 to 4, purport of the whole pleadings

2. The Defendant’s lawsuit seeking revocation of a judgment on the Defendant’s main defense is a lawsuit seeking to restore to its original state the state of illegality caused by an unlawful disposition, etc. so as to relieve the rights and interests infringed or obstructed by such disposition. Therefore, legal interests that can be restored to the Plaintiff due to the revocation of such disposition should exist

However, as seen earlier, the Defendant rendered a decision to disclose a part of the instant information after filing the instant lawsuit and notified the Plaintiff of the decision to disclose the said information, thereby excluding personal information.