정보공개거부처분취소
1. The Defendant’s disposition rejecting information disclosure made against the Plaintiff on September 13, 2018 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. On September 3, 2018, the Plaintiff filed a request for the disclosure of information with respect to the Plaintiff’s civil petition submitted to the Ministry of Education under the name “B” (hereinafter “instant information”) from the Defendant around August 13, 2018.
B. On September 13, 2018, the Defendant decided that the instant information should not be used for any purpose other than the purpose of treating civil petitions pursuant to Article 7 of the Civil Petitions Treatment Act (hereinafter “Civil Petitions Treatment Act”).
(hereinafter “instant disposition”). C.
The defendant is "Act on the Disclosure of Information by Public Institutions (hereinafter referred to as "Information Disclosure Act") in the course of the lawsuit of this case.
) Article 9(1)6 was added to the grounds for disposition. [The fact that there is no dispute over the grounds for recognition, entry of Gap evidence 1, the purport of the whole pleadings.]
2. The summary of the Plaintiff’s assertion is ambiguous in the grounds for non-disclosure, and the instant information is merely about the Plaintiff, and does not include any content related to the civil petitioner’s freedom of privacy or confidentiality. As such, Article 7 of the Civil Petitions Treatment Act or Article 9(1)6 of the Information Disclosure Act cannot serve as the grounds for the instant disposition.
3. Attached statements to the relevant Acts and subordinate statutes;
4. Determination
A. Article 9(1)1 of the Information Disclosure Act provides that “The head of an administrative agency shall take necessary measures so that the details of a civil petition known to him/her in connection with the treatment of a civil petition, personal information of a specific person included in the civil petition, etc., should not be disclosed, and the collected information should not be used for any purpose other than the purpose of the treatment of a civil petition.” However, the scope of information subject to confidentiality or non-disclosure does not specify, and the above provision should be deemed as comprehensively stipulating the duty of care and effort of a public official in
Therefore, Article 9 of the Information Disclosure Act applies to the instant information.