정보공개거부처분취소
1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. The total cost of a lawsuit shall be borne individually by each party.
1. Paragraph (1) shall apply to the grounds for a judgment in the first instance;
Therefore, it shall be quoted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. Whether the lawsuit of this case is in interest
A. As the instant information was designated as presidentially-designated records pursuant to the Presidential Records Act and transferred to the National Archives, the Defendant did not currently retain and manage the instant information, and thus, the Defendant’s defense to the effect that there is no benefit of lawsuit.
B. The information disclosure system is a system that discloses information held and managed by a public institution in its state and the applicant does not retain and manage the information as specified in the public institution, there is no legal interest in seeking revocation of the disposition rejecting the disclosure of the information in question, except in extenuating circumstances.
In this regard, the applicant for disclosure bears the burden of proving that there is a considerable probability that he has a public institution possess and manage the information for which disclosure is sought, but the burden of proving that the public institution does not retain and manage the information any longer after the time.
(See Supreme Court Decision 2003Du12707 Decided December 9, 2004; Supreme Court Decision 2003Du9459 Decided January 13, 2006; Supreme Court Decision 2010Du18918 Decided January 24, 2013; etc.). If the record in subparagraph 3 and the record in subparagraph 1 are added to the whole purport of the pleading as a result of the fact-finding inquiry conducted on October 23, 2017 and January 12, 2018, the Defendant’s Presidential records kept are entirely transferred to the Presidential Archives by the National Archives under the Presidential Records Act by September 11, 2017; and the list of the I Presidentially-designated records as well as the list of the I Presidential records is designated as the Presidential records designated as the Presidential Archives pursuant to Article 17(1) of the Presidential Records Act.