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(영문) 서울행정법원 2017.01.20 2016구합50266

정보공개거부처분취소

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1. Of the instant lawsuit, the part demanding the revocation of the non-disclosure decision regarding the information listed in the [Attachment 2] list.

Reasons

1. Details of the disposition;

A. On September 24, 2015, the Plaintiff operating an insurance business, etc. claimed the Defendant to disclose “the name and address, resident registration number, contact number, relevant court rulings, and other exposed data of the so-called office hospital, the office room of double establishment hospital, and the office room and salary class found to be in violation of Article 33(2) and (8) of the Medical Service Act until the present.”

B. On October 7, 2015, the Defendant rendered a non-disclosure decision with the purport that “the instant information may not be disclosed to the public pursuant to Article 9(1)3 and 6 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).” to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. Of the instant lawsuit, whether the part seeking the revocation of the non-disclosure decision regarding the information listed in the [Attachment 2] among the instant lawsuit is lawful or not, the Plaintiff asserted the illegality of the non-disclosure decision made by the Defendant on the instant information claimed to be disclosed to the Defendant, and subsequently revised the purport of the claim as if the Defendant had rendered a non-disclosure decision on the information anticipated to be owned by the Defendant.

As a result of a court’s examination on whether a disposition rejecting the disclosure of information by a public institution is illegal, when it recognizes that the information refused to disclose contains a mixture of the information subject to non-disclosure and the part that can be disclosed, and that the two parts can be separated within the extent that does not contravene the purport of the request for disclosure, the court may order the partial revocation of only the part concerning the information that can be disclosed, even if there is no modification to the purport of the request for disclosure (see Supreme Court Decision 2003Du12707, Dec. 9, 2004). If the information recorded in the separate sheet forms part of the instant information and is possible, the decision for non-disclosure