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(영문) 의정부지방법원 2020.10.08 2020구합10123

정보공개거부처분취소

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The instant lawsuit is dismissed.

Costs of lawsuit shall be borne individually by each person.

Reasons

1. Details of the disposition;

A. On September 10, 2019, the Plaintiff was subject to disciplinary action against a reprimand (hereinafter “related disciplinary action”) due to a violation of good faith (limited to negligence of duties) by the Defendant, and filed an appeal with the head of the first group group, and appointed attorneys B and Yang Chang-ho, who are the Plaintiff’s legal representative, as a defense counsel on September 16, 2019.

B. On December 20, 2019, an attorney B filed a request for disclosure of information under the Official Information Disclosure Act (hereinafter “instant request for disclosure of information”) with respect to all of the Plaintiff’s disciplinary records related to the Plaintiff to the Defendant on December 20, 2019 for the defense in the appeal procedure. At the time of the request, the applicant is “B” and the said request is deemed “B.”

As stated in the foregoing paragraph, the Plaintiff’s appointment of counsel B and Yang Chang-ho as a defense counsel is accompanied by the “written appointment of counsel (Evidence B)” related to the appeal against the relevant disciplinary action.

C. On December 31, 2019, the Defendant decided to disclose part of the information to attorneys-at-law B, and rejected the disclosure on the grounds that the information listed in the attached list constitutes “information deemed likely to infringe on privacy or freedom of private life” under Article 9(1)6 of the Information Disclosure Act.

(hereinafter “instant disposition”) D.

On January 8, 2020, the Plaintiff delegated the Plaintiff’s attorney-at-law to cancel the instant disposition, and filed the instant lawsuit with the said attorney-at-law as the Plaintiff’s attorney.

On the other hand, on January 28, 2020, the Plaintiff filed a lawsuit against the Defendant seeking the revocation of the relevant disciplinary action with the said attorneys as his/her attorney.

(Judgment on the same day as the lawsuit in this case). [Judgment on the same day as the lawsuit in this case] A] has no dispute, entry of Gap evidence 1 through 3, Eul evidence 1, significant facts in this court, the purport of the whole pleadings.

2. Whether the lawsuit of this case is lawful

A. The defendant's main defense of this case is the disclosure of information.