beta
(영문) 광주지방법원 2018.12.20 2018구단10487

정보공개거부처분취소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On May 9, 2018, the Plaintiff filed a request for disclosure of information on “the details of the processing of reports on traffic offenses reported (hereinafter “instant information”) with the Defendant on May 9, 2018 in order to verify the details of the recommendation of a public interest report on traffic offenses through the national newspaper site.”

B. On May 17, 2018, the Defendant rendered a disposition rejecting the disclosure of information on the grounds that the content of information claimed by the Plaintiff constitutes information to be processed and extracted based on the method different from that of the Defendant’s management.

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, entry of Gap’s evidence Nos. 1 through 3, the purport of the whole pleadings

2. Determination as to the defendant's defense prior to the merits

A. There is no legal interest to seek revocation of a disposition rejecting the disclosure of information where a public institution does not hold and manage information prior to the merits.

As to the instant information, the Defendant does not separately prepare and keep and manage the details of handling traffic offense reports according to the method requested by the Plaintiff. Thus, the instant lawsuit is unlawful.

B. In light of the fact that the information disclosure system is a system that discloses information held and managed by public institutions, it is sufficient to prove that the person seeking the information disclosure has a considerable probability of holding and managing the information that is sought by public institutions.

However, if a public institution fails to retain and manage the information, there is no legal interest to seek the cancellation of the disposition rejecting information disclosure, unless there is a special reason.

On the other hand, in the case of information retained and managed in electronic form, even if the information is not as claimed by the claimant, the public institution that received the request for disclosure retains and manages the basic data of the information subject to disclosure in electronic form, and the institution concerned.