정보공개거부처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of disposition;
A. On August 29, 2018, the Plaintiff filed a claim with the Defendant for the disclosure of information on the average status of the final registrant of a pharmaceutical college (hereinafter “instant information”) in relation to the PET (PET), ② PET (PET), ③ certified English academic records, ④ undergraduate academic records, ⑤ the aggregate of interviews (hereinafter “the foregoing aggregate of interviews”).
B. On September 13, 2018, the Defendant rendered a disposition to disclose the instant information (n) to the public and to the public on the following grounds: (i) the instant information is a subjective assessment result; (ii) it is highly likely that the instant dispute may arise because it is a subjective assessment result.
[N] Of the above dispositions, the disposition of non-disclosure to the information of this case (n) is a "disposition of this case".
On November 26, 2018, the Plaintiff appealed and filed an administrative appeal seeking the disclosure of the instant information, but the Central Administrative Appeals Commission dismissed the decision on February 12, 2019.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the disposition is illegal;
A. The plaintiff asserted that the information of this case is merely a statistical data, and thus, it cannot be deemed that there is a high probability that the fair performance of business would be significantly hindered, and rather, it guarantees citizens' right to know and increases citizens' participation in state affairs and transparency in state affairs. Thus, the disposition of this case on a different premise is unlawful.
In this regard, the defendant constitutes information subject to non-disclosure under Article 9 (1) 5 of the Information Disclosure Act, which “where disclosed, substantially interferes with the fair performance of duties.” Thus, the disposition of this case is lawful.
(b) a fair performance of duties, if disclosed, provided for in Article 9(1)5 of the Information Disclosure Act.