정보공개거부처분취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and the court of first instance's findings and determination are justifiable in light of the evidence duly adopted and examined by the court of
Therefore, the reasoning of the judgment of the court of first instance is as follows: (a) by modifying the “Class 7(2)” of the judgment of the court of first instance to “(3)”; (b) by modifying the “Class 8(3)” to “(4)”; and (c) by adding an additional decision as referred to in paragraph 2, it is identical to the reasoning of the judgment of the court of first instance; and (d) by citing it as it is in accordance with Article 8(2) of the Administrative
2. The defendant asserts that the court of first instance did not specifically determine the plaintiff's right protection interests protected by the information disclosure and the privacy protection interests protected by non-disclosure as to the information for which the plaintiff requested disclosure.
However, the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) provides that, in principle, information held and managed by a public institution shall be actively disclosed (Article 3). However, information requested for disclosure may not be disclosed only when it falls under the grounds for non-disclosure prescribed in each subparagraph of Article 9(1).
In addition, even if the information falls under the above reasons for non-disclosure, the public institution does not necessarily have to disclose it.
In light of the provisions of the Information Disclosure Act, if the information requested by the citizen does not fall under the grounds for non-disclosure under each subparagraph of Article 9(1) of the Information Disclosure Act, the public agency should make a mandatory disclosure without balancing the interests and disadvantages arising from the disclosure of the relevant information. Only when the information falls under the grounds for non-disclosure under each subparagraph of Article 9(1) of the Information Disclosure Act, the public agency may decide whether to disclose the information by balancing the interests
In this case.