정보공개거부처분취소
1. The information stated in the quoted list (attached Form 2) in the disposition rejecting the disclosure of information made by the Defendant against the Plaintiff on July 26, 2019.
1. Details of the disposition;
A. The Plaintiff is a law firm established with the authorization of the Ministry of Justice on February 27, 2013 in order to perform the duties of a lawyer under Article 40 of the Attorney-at-Law Act.
B. On June 30, 2019, the Plaintiff filed a claim with the Defendant for information disclosure on the part other than the personal name, e-mail address, telephone number, and various application cases to which an individual is a party, and the account number of a financial institution, among the information listed in the claim list (attached Form 1) (hereinafter “instant information”).
C. On July 26, 2019, the Defendant rendered a decision not to disclose the Plaintiff’s claim on the grounds that the instant information constitutes information subject to non-disclosure under Article 9(1)6 and 7 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).
(hereinafter “instant disposition”) D.
On the other hand, the plaintiff is currently filing a lawsuit against the industry-academic cooperation foundation established under the current B University on the claim for the agreed amount (Seoul Central District Court 2019Da5079530), and the defendant is performing his/her duties as a lawyer in the criminal case of C (Seoul Southern District Court D) which is the president of the B University, who was charged for occupational embezzlement.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including branch numbers in case of additional number), Eul evidence Nos. 1 through 3, the purport of the whole pleadings
2. The entry in the relevant statutes (attached Form 3) is as follows;
3. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion does not constitute information subject to non-disclosure under Article 9(1)6 and 7 of the Information Disclosure Act. Thus, the instant disposition is unlawful.
B. Determination 1) Whether the instant information falls under Article 9(1)6 of the Information Disclosure Act (A) is subject to non-disclosure under Article 9(1)6 of the Information Disclosure Act based on the type or type of information, such as the name and resident registration number, etc.