정보공개거부처분취소
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
The grounds of appeal are examined.
1. Examining the reasoning of the lower judgment in light of the relevant legal principles and records as to the ground of appeal No. 1, the lower court’s determination that the instant written fact-finding survey items and the information listed in [Attachment 2] No. 3 of [Attachment 3] as indicated in the lower judgment (hereinafter “instant information”) did not constitute information subject to non-disclosure under Article 9(1)1 of the former Information Disclosure Act (amended by Act No. 11991, Aug. 6, 2013; hereinafter “former Information Disclosure Act”) on the grounds stated in its reasoning is acceptable.
In so determining, contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal principles.
2. Examining the reasoning of the lower judgment in light of the relevant legal principles and records as to the ground of appeal No. 2, the lower court is justifiable to have determined that the grounds alleged in Article 9(1)5 of the former Information Disclosure Act, which was added by the Defendant as the grounds of disposition, cannot be deemed the same as the grounds alleged in Article 9(1)1, 6, and 7 of the former Information Disclosure Act, which are the original grounds of disposition, and thus, the addition of
In so determining, contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal doctrine or omitting judgment.
3. Examining the reasoning of the lower judgment on the third ground of appeal in light of the relevant legal principles and records, the lower court is justifiable to have determined that the instant information did not constitute information subject to non-disclosure under Article 9(1)7 of the former Information Disclosure Act, on the grounds stated in
In so determining, contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal principles.
4. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.