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(영문) 서울고등법원 2018.10.31 2017누90133

정보공개거부처분취소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The plaintiff sought revocation of the disposition stated in the purport of the claim by the court of first instance, and the court of first instance revoked the part concerning the remaining information except the non-disclosure information in attached Form 1, and dismissed the plaintiff's remaining claims.

The scope of the trial of this Court is limited to the part concerning the other information except the non-disclosure information in attached Form 1 (hereinafter referred to as the "instant information"), since only the defendant appealed against the part against it.

2. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where the defendant added the following judgment as to the contents asserted in the court of first instance to the corresponding part. Thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the

(other than the scope of the trial). 3. Additional determination

A. Defendant’s assertion 1) All the contents of the statement and the evidence submitted by the suspect contained in the suspect interrogation protocol among the issues of this case fall under information that could infringe on the suspect’s privacy or freedom if disclosed, and thus constitutes information subject to non-disclosure as prescribed by the main sentence of Article 9(1)6 of the Information Disclosure Act. 2) The Plaintiff filed a complaint against the suspect due to fraud or use of computer, etc., which was not subject to non-prosecution disposition due to suspicion (defluence of evidence). The Plaintiff filed a complaint and application for adjudication, but all of which were dismissed.

Therefore, the instant disposition is lawful since the possibility of the Plaintiff’s remedy is not recognized even if the instant information was disclosed.

B. The main text of Article 9(1)6 of the Information Disclosure Act on the first argument of the judgment of the first instance infringes on the privacy or freedom of individuals where the information pertaining to an individual, such as the name, resident registration number, etc. included in the relevant information, is disclosed.