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(영문) 서울행정법원 2016.03.04 2015구합79673

정보공개거부처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On August 6, 2015, the Plaintiff’s children B and C (hereinafter collectively referred to as “Plaintiff’s children”) filed a civil petition with the Defendant to the effect that, on the grounds that they reside separately in the Defendant’s household, they directly pay the Plaintiff the benefits of their basic livelihood supply and demand to the Plaintiff.

(hereinafter referred to as “instant documents”) b.

On August 17, 2015, the Plaintiff filed a request for information disclosure with the Defendant stating that “A request for a copy of civil petition documents filed by a recipient of basic living expenses applied by B, C, etc., who is a minor, is a person with parental authority of B, C, etc.”

C. On August 24, 2015, the Defendant rendered a decision not to disclose information to the Plaintiff based on Article 9(1)6 of the Official Information Disclosure Act and Article 18(1) of the Personal Information Protection Act, on the ground that “the document pertaining to personal information and grievances of an individual, disclosed to the public, may infringe on the privacy or freedom of an individual subject to disclosure, and the principal also refuses to disclose the information.”

(hereinafter “Disposition in this case”). [Grounds for recognition] A] without dispute, Gap evidence Nos. 1, 2 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 4 through 6, and the purport of the whole pleadings.

2. To make entries in the attached statutes concerned;

3. In light of the following facts and circumstances, prior to the legitimacy of the disposition of this case, the facts and evidence as seen earlier, the statement Nos. 3 and 4, and the result of the court’s perusal and examination of the documents of this case by non-disclosure, and the following facts and circumstances, the information of this case constitutes information concerning the children of this case, which, if disclosed, is deemed likely to infringe on the privacy or freedom of privacy.

① The instant documents are not written by the Defendant, an administrative agency, but by the Plaintiff’s children.