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(영문) 서울행정법원 2013.10.04 2013구합15118

정보공개거부처분취소

Text

1. The Defendant’s refusal of disclosure of information against the Plaintiff on May 13, 2013 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

Details of the disposition

From January 1, 2011 to December 31, 2011, the Plaintiff requested the Defendant to disclose information on a notice of decision on the application for disclosure and decision on partial disclosure (attached Form 7 and excluding personal information) among all applications for disclosure of information received to the Defendant.

(hereinafter referred to as “instant information.” On May 13, 2013, the Defendant rejected the Plaintiff’s request for disclosure of information on the ground that “The details of the Plaintiff’s request for disclosure of information and the contents of the decision are not deemed necessary for the public interest or the protection of an individual’s rights” pursuant to Article 9(1)6 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).

(2) The Plaintiff asserted that the instant information constitutes information subject to non-disclosure under Article 9(1)6 of the Information Disclosure Act based on the grounds for non-disclosure, and that the instant disposition is unlawful, while the Plaintiff asserts that the instant information constitutes information subject to non-disclosure under Article 9(1)6 of the Information Disclosure Act. However, the Plaintiff did not constitute information subject to non-disclosure.

The attached Form of the relevant statutes shall be as specified in the relevant statutes.

Judgment

The main text of Article 9(1)6 of the Information Disclosure Act provides that one of the information subject to non-disclosure is "personal information, such as name, resident registration number, etc. included in the relevant information, which, if disclosed, is likely to infringe on the privacy or freedom of individuals." This is the result of the disclosure of personal information, other than simple personal identification information under Article 7(1)6 of the former Information Disclosure Act, prior to the wholly amended by Act No. 7127, Jan. 29, 2004.