beta
(영문) 서울행정법원 2016.05.27 2016구합1189

정보공개거부처분취소

Text

1. The plaintiff's lawsuit against the Minister of Justice shall be dismissed.

2. The plaintiff's President of the National University of Korea.

Reasons

1. Details of the disposition;

A. On February 23, 2013, the Plaintiff applied for the first examination for the judicial examination on February 55, 2013. On the date of the examination, the Plaintiff was refused to enter the examination room from the examination management officer on the ground that he/she did not enter the examination room before being brought into the examination room at least five minutes prior to the date of the examination.

B. On October 23, 2015, the Plaintiff filed a claim for damages against B, who was the Testing Agency (Seoul Central District Court 2015da264858), and filed a claim with the Minister of Justice for disclosure of the information listed in attached Table 1 List 2 (hereinafter “instant information”). On October 28, 2015, the Minister of Justice rendered a non-disclosure decision on October 28, 2015 on the ground that the instant information constituted non-disclosure information under Article 9(1)1 of the Official Information Disclosure Act, Articles 18 and 24-2 of the Personal Information Protection Act (hereinafter “Information Disclosure Act”).

C. Meanwhile, around that time, the Plaintiff filed a claim with the president of the National Foundation for disclosure of the information listed in attached Table 1 List No. 1 (hereinafter “instant information”). However, the Defendant rendered a decision not to disclose the instant information on November 17, 2015 on the ground that the instant information constituted non-disclosure information under Article 9(1)6 of the Information Disclosure Act.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 7 and 8, the purport of the whole pleadings

2. Since the information Nos. 1 and 2 of this case should be disclosed for the relief of the plaintiff's right to claim, the defendants' refusal to disclose information should be revoked in entirety.

3. Attached Form 2 of the relevant Acts and subordinate statutes shall be as follows;

4. The Defendant’s lawsuit against the Minister of Justice is lawful. On November 3, 2015, the Plaintiff served the Defendant’s non-disclosure decision and filed the instant lawsuit after the lapse of 90 days thereafter. The instant lawsuit was filed.