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(영문) 광주지방법원 2019.07.10 2019구단128

정보공개거부처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. As the mother of B, the Plaintiff complained of C as a crime of violating the Child Welfare Act (child abuse) on the grounds that C abused her her butt her butt her at one time. In the case of the Gwangju District Prosecutors’ Office in 2016, in 2016, the Defendant was sentenced to a non-guilty disposition against C on May 31, 2017.

The plaintiff filed a complaint with the Gwangju High Prosecutors' Office, but dismissed on August 3, 2017, and the Gwangju High Court filed an application for adjudication with the Gwangju High Court on November 10, 2017.

B. On October 8, 2018, the Plaintiff filed a claim with the Defendant to disclose the information listed in the separate sheet (hereinafter “instant information”).

C. Accordingly, the Defendant did not disclose information on October 17, 2018 on the ground that the disclosure constitutes an individual-related matter, such as the name, etc. included in the pertinent information, and is likely to infringe on the privacy or freedom of private life (if disclosed, any information that is likely to infringe on the privacy or freedom of private life) under Article 9(1)6 of the Official Information Disclosure Act (hereinafter

(hereinafter “Disposition in this case”). [Grounds for recognition] The Disposition in this case is without dispute, Gap evidence 1, Eul evidence 1 to 4, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion filed a claim for disclosure of the instant information in order to verify whether he/she was treated by his/her father and his/her father and wife B was treated at a child care center and was not abused. The instant information does not constitute a case where the honor or privacy of a person involved in the instant case might be significantly harmed, and the Defendant's disposition of this case must be revoked because it is unlawful.

B. Determination 1) The information subject to non-disclosure pursuant to the main sentence of Article 9(1)6 of the Information Disclosure Act is the type or type of information, such as name, resident registration number, etc. under Article 7(1)6 of the former Information Disclosure Act (wholly amended by Act No. 7127 of Jan. 29, 2004).