기타(정보공개거부처분 취소)
1. A disposition rejecting information disclosure made by the Defendant against the Plaintiff on February 8, 2013 shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. On February 5, 2013, the Plaintiff filed a request with the Defendant for disclosure of “A notice of decision (attached Form 7 and excluding personal information) on all claims received at the Gu’s District Prosecutors’ Office from January 1, 2012 to December 31, 2012” (hereinafter “instant information”).
B. On February 8, 2013, the Defendant rendered the instant disposition against the Plaintiff refusing to disclose the instant information pursuant to Article 9(1)5 and 6 of the former Official Information Disclosure Act (amended by Act No. 11991, Aug. 6, 2013; hereinafter “former Information Disclosure Act”).
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) The part, other than the name and resident registration number, which is likely to infringe on the privacy or freedom of privacy among the instant information pursuant to Article 14 of the former Information Disclosure Act, is open to the public. Since the instant information does not fall under the matters in the internal decision-making process or internal review process, the instant disposition is unlawful. 2) The Defendant first, the instant information is likely to seriously impede the fair performance of duties if disclosed to the public in the decision-making process or internal review process. Thus, it constitutes information subject to non-disclosure under Article 9(1)5 of the former Information Disclosure Act.
Second, the instant information contains personal information or personally identifiable information under the Personal Information Protection Act, such as the name, resident registration number, and telephone number of a third party, and thus constitutes information subject to non-disclosure under Article 9(1)6 of the former Information Disclosure Act.
(b) as shown in the attached Form of the relevant statutes;
C. Determination 1 Defendant’s first argument, and the instant information that the Plaintiff is seeking disclosure is about the claim for information disclosure in accordance with Article 7 of the Enforcement Rule of the former Information Disclosure Act.