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(영문) 청주지방법원 2016.04.28 2015구합1002

행정정보공개 비공개결정처분 취소 등

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1. The Defendant’s refusal disposition against the Plaintiff on May 19, 2015 regarding the information listed in the separate sheet No. 1, which was issued against the Plaintiff.

Reasons

1. Details of the disposition;

A. On May 19, 2015, the Plaintiff filed a claim with the Defendant for disclosure of information (where disclosure in the file form is impossible, a request for disclosure in the copy) on the information listed in the attached Table 1 (hereinafter “instant information”).

B. On May 29, 2015, the Defendant rendered the instant disposition that the instant information is confidential pursuant to Article 9 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) on the grounds that there is a mixture of information likely to infringe on the Plaintiff’s privacy or freedom of individuals.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. 1) The Plaintiff’s argument that the instant information should be disclosed for the public interest of monitoring the proper administration, and the Defendant refused to disclose the remainder of the instant information except personal information even though it may be disclosed to the public. The instant disposition should be revoked in an unlawful manner. 2) The Defendant’s argument that the Plaintiff claimed disclosure of the instant information as of April 22, 2015, and the Defendant disclosed the data (Evidence A No. 1) stating the details of the execution of business promotion expenses and the amount of payment, etc. for each date, to the Plaintiff on May 4, 2015. The instant information contains personal information under Article 9(1)6 of the Information Disclosure Act, and the instant information constitutes information subject to non-disclosure, and thus, the instant disposition by the Defendant is legitimate.

(b) Entry in the attached Form of relevant statutes;

C. In full view of each of the provisions of Article 2 subparag. 2, Articles 3, 5, and 10(1) of the Information Disclosure Act, and Article 14 of the Enforcement Decree of the same Act, where a person who requested the information disclosure requests the public institution to disclose the information by selecting the method of delivery of reproduction of the information.