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(영문) 서울행정법원 2017.12.22 2017구합749

정보공개거부처분취소

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1. On March 8, 2017, the separate list of the decision made by the Defendant against the Plaintiff on March 8, 2017, regarding the non-disclosure of the information listed in attached Table 1.

Reasons

1. Details of the disposition;

A. From March 2014 to October 2015, the Plaintiff discussed whether disciplinary action was taken on the ground of the infringement of teachers’ right (influence and defamation against teachers), while attending a Young Jaon High School from March 2014 to October 7, 2015. However, on October 3, 2016, the Plaintiff re-admissiond to the Young Jaon High School on the ground of the violation of teachers’ right.

B. On March 24, 2016, the Plaintiff filed a request with the Defendant for disclosure of “the part concerning the Plaintiff and the result of the disposition taken by the Guidance Committee, among the minutes of the Guidance Committee held in 2015,” and on March 30, 2016, the Defendant rendered a non-disclosure decision with respect to the Plaintiff.

C. On December 16, 2016, the Plaintiff filed a non-disclosure request with the Defendant for disclosure of “the minutes of the Guidance Committee’s meeting, the results of meetings, and the leading ledger (hereinafter “the instant information”) related to the Plaintiff.” On March 8, 2017, the Defendant rendered a non-disclosure decision against the Plaintiff on the ground that “the instant information contains personal information and individual privacy, reflects the opinions of the living guidance committee members, and the result of the meeting was not reflected in the Plaintiff who was treated as the withdrawal.”

hereinafter referred to as "disposition of this case"

(i) [Facts without dispute over the basis of recognition, Gap's 1, 2, 7 evidence, the purport of the whole pleadings.]

2. Judgment on the Defendant’s defense prior to the merits

A. According to Article 11(1) of the Official Information Disclosure Act, upon receipt of a request for disclosure of information from a public institution, the determination on whether to disclose the information shall be made within ten days from the date of receipt of the request. The Plaintiff ought to be deemed to have known of the existence of a non-disclosure disposition on December 26, 2016 after the lapse of ten days from December 16, 2016, which was from December 16, 2016, which was 10 days after the filing of the request for disclosure of information. Thus, if the Plaintiff changed the purport of the claim on April 4, 2017, 90 days after the filing period for the lawsuit was exceeded 90 days, the lawsuit in this case is unlawful as it exceeds the filing period, and the Plaintiff sought disclosure of the information in this case against the Plaintiff. However, the Defendant was expelled