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(영문) 서울고등법원 2016.09.01 2016누34730

정보공개거부처분취소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The grounds alleged by the defendant in the court of first instance are the same as the defendant alleged in the court of first instance while filing an appeal, and even if each evidence submitted in the court of first instance and the court of first instance are examined together with the defendant's assertion, the defendant's assertion is rejected, and the judgment of the court of first instance which is the plaintiff's claim is justified.

Therefore, this court's explanation on this case is based on the following: (a) the court of first instance dismissed "this court" in Part 3, Section 18 of the court of first instance as "the court of first instance and this court"; and (b) the fifth, Section 2 of the second, "in fact, the Government of the United States did not present any opinion on the disclosure of the information of this case; and (c) the defendant or the government of the Republic of Korea tried to seek any opinion on the disclosure of the information of this case to the Government of the United States of America"; and (d) the reasoning of the judgment of the court of first instance is stated, except for adding the following judgments, it is so accepted in accordance with Article 8 (2)

2. The addition of the Free Trade Agreement is the product of the overall agreement to be entered into by combining various items, and the meaning of a specific item or the negotiation process alone does not make it possible to grasp the meaning of the entire trade agreement or the nature and contents of the negotiation strategy. Thus, the disclosure of the information of this case is deemed to exist to a certain extent that it is not possible to specify or indicate the negotiation strategy or diplomatic disadvantage that is exposed to the disclosure of the information

However, in light of the legislative purpose of the Official Information Disclosure Act, which is based on the principle of the disclosure of information held and managed by public institutions, with a view to guaranteeing citizens' right to know and ensuring citizens' participation in state affairs and transparency in state administration, whether information constitutes information subject to non-disclosure, which is the exception, should be strictly determined, and the significant interests of the nation should be significantly harmed