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(영문) 서울행정법원 2016.12.16 2016구합4638

정보공개거부처분취소

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1. The Defendant’s refusal to disclose information specified in attached Form 4 to the Plaintiff on May 31, 2016 shall be revoked.

2...

Reasons

1. On May 17, 2016, the Plaintiff filed a claim with the Defendant for the disclosure of information in the attached Form (hereinafter “instant information”). However, the Defendant rendered a disposition rejecting the disclosure of information in the attached Form (hereinafter “information”) on May 17, 2016 on the grounds that Article 9(1)6 and 7 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) regarding the information in the attached Form (hereinafter “Information Disclosure Act”) is likely to infringe on the confidentiality or freedom of private life), and subparagraph 7 of the Information Disclosure Act on the remainder.

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, entry of Gap evidence Nos. 1 and 2, and purport of the whole pleadings

2. Information in attached Forms 1 through 3;

A. The defendant's defense prior to the merits asserts that there is no legal interest in seeking revocation of a disposition rejecting the disclosure of information pertaining to the information, since the defendant did not retain the information specified in the attached Form 1 through 3.

Article 3 of the Information Disclosure Act provides that "Any information held and managed by public institutions shall be actively disclosed, as prescribed by this Act, to guarantee citizens' right to know."

However, in addition to the purport of the entire pleadings after the statement Nos. 1 and the court’s reading and examination of the instant information in non-disclosure, the Defendant may recognize the fact that the Korean Education Development Institute entrusted the evaluation of teachers’ training institutions in 2015, and the fact that the Korean Education Development Institute has the information set forth in the attached Form Nos. 1 through 3.

The Korean Education Development Institute is entrusted by the defendant with the evaluation of the educational training institution, and it has the information in attached Form 1 through 3.

The defendant, together with the Korean Educational Development Institute, announced the results of the evaluation of teachers' training institutes in 2015 (Evidence 1) and the information in attached Forms 1 through 3 from the Korean Educational Development Institute.