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(영문) 서울행정법원 2019.04.18 2018구합74594

정보공개거부처분취소

Text

1. Of the instant lawsuit, the part of the claim for revocation of information disclosure refusal on the information listed in the separate sheet (2) shall be dismissed.

Reasons

1. Details of the disposition;

A. On June 27, 2018, the Plaintiff filed a request for the disclosure of information with respect to the information listed in the separate sheet (2) with the Defendant. However, on July 9, 2018, the Defendant rendered a non-disclosure decision (hereinafter “previous non-disclosure decision”) on the grounds that the information described in the aforementioned subparagraph (a) and (b) constitutes “information deemed likely to infringe on the privacy or freedom of individuals” under the main sentence of Article 9(1)6 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”). (c) The content and scope of each information described in the same subparagraph (d) cannot be specified, and that there are special provisions in other Acts, such as Article 59-3 of the Criminal Procedure Act and Article 163-2 of the Civil Procedure Act.

B. The Plaintiff filed an objection against the previous non-disclosure decision on July 10, 2018, but the Defendant dismissed it on July 19, 2018.

C. On August 1, 2018, the Plaintiff again requested the Defendant to disclose the information listed in attached Form (1) (hereinafter “instant request for disclosure”). The Defendant, on August 13, 2018, concluded the instant request for disclosure pursuant to Article 4(5)1 of the Rules of the Court Information Disclosure on the ground that the Plaintiff’s request for disclosure of information prior to the request constitutes a case where a person notified of the decision on whether to disclose information requested a new request for disclosure of information without justifiable grounds.

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, entry of Gap evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. The details in the attached Form 3 of the relevant Acts and subordinate statutes are as follows;

3. We examine the legitimacy of this part of the lawsuit in this case, ex officio, whether the revocation of the disposition rejecting the disclosure of information on the information listed in the separate sheet (2) is legitimate.

In administrative litigation, the existence of administrative disposition, which is the object of litigation, is a legitimate requirement for litigation, so long as there is no disposition seeking cancellation by the plaintiff, the lawsuit shall be filed.