정보공개거부처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On September 13, 2013, the Plaintiff filed a request for information disclosure with the Defendant stating that the details of the request is not the information disclosure processing register, stating that “The notice of decision on the request for disclosure and partial disclosure decision (attached Form 7, excluding personal information), and the information requested by the claimant is not the information disclosure processing register among all the applications received by the Seoul Southern District Prosecutors’ Office from January 1, 201 to December 31, 2011.”
B. On September 23, 2013, the Defendant informed the Plaintiff that “any notice of notice of disclosure and partial disclosure received in our Ministry in 201” is a non-disclosure information under Article 9(1)1 of the former Official Information Disclosure Act (amended by Act No. 11991, Aug. 6, 2013; hereinafter “Information Disclosure Act”).
Article 26 of the Civil Petitions Treatment Act provides that the head of an administrative agency shall not infringe on the rights and interests of civil petitioners by divulging the contents of civil petitions and personal information of civil petitioners known to him in connection with the processing of civil petitions.
'Notice'
hereinafter referred to as "disposition of this case"
(i) [Facts without dispute over the grounds for recognition, entry of Gap evidence No. 1, and purport of the whole pleadings.]
2. Determination on the defense prior to the merits
A. The defendant's assertion that the plaintiff's filing of the lawsuit in this case should be dismissed as abuse of right of action.
B. The right to know the citizen’s right to know, in particular, the right to access national information is recognized in relation to the freedom of expression, which is a fundamental right under the Constitution of Korea, and the content of such right includes the so-called general right to request disclosure of information held and managed by the general public against the State (see Supreme Court Decision 97Nu5114, Sept. 21, 199). The Act in which the general right to information disclosure recognized under the Constitution is embodied is the Information Disclosure Act
In addition, the people's right to information disclosure based on the Information Disclosure Act is a specific right protected by law.