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(영문) 서울행정법원 2017.04.27 2015구합13147

정보공개거부처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On December 2, 2015, the Plaintiff, the representative of the organization “C”, filed a claim with the Defendant for the disclosure of information on the entire claims, including the following: (a) self-introduction statement, academic plan (which includes a self-introduction, family relationship, and father’s family relationship among his/her study plans, and how and how his/her father is a member of the E National Assembly) submitted by D (hereinafter “subject”) to the Defendant in the course of applying for admission to a law school at B University; and (b) other matters.

B. On December 12, 2015, the Defendant rejected disclosure on the ground that the information about the content of the above claim constitutes a private information under Article 9(1)6 of the Official Information Disclosure Act because disclosure of personal information is likely to infringe on the privacy or freedom of privacy, and thus constitutes a non-disclosure information under Article 9(1)6 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”). In relation to the examination, disclosure of information constitutes a non-disclosure information under Article 9(1)5 of the Information Disclosure Act, which may interfere with the fair performance of admission process if disclosure is made. If disclosure is made due to a school juristic person’s business or trade secret, disclosure of information constitutes a non-disclosure information under Article 9(1)7 of the Information Disclosure Act. Accordingly, the Defendant refused disclosure on the ground that disclosure is likely to seriously harm the legitimate interests of the juristic person, etc.

(hereinafter) Of the above decision, the part concerning Paragraph (1) of the content of the claim shall be referred to as “instant disposition,” and the information referred to in Paragraph (1) of the content of the claim shall be referred to as “information of this case”). 【No dispute exists, Gap Nos. 1 and 2 (including provisional number), Eul’s entry in the evidence No. 1 and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1 is a condition that the Plaintiff’s self-introduction and his academic plan are entirely unconditional.