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(영문) 서울고등법원 2020.01.29 2019누45021

정보비공개결정처분취소

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1. Of the information listed in paragraph 1 of the attached Table 1 List, part of the judgment of the court of first instance, C from June 2015 to February 21, 2016.

Reasons

1. Details of the disposition;

A. The Plaintiff is serving as the principal and vice-principal of the B University Tourism Graduate School, and the Defendant is the president of B University.

B. On September 2, 2018, the Plaintiff requested the Defendant to disclose each information listed in the separate sheet Nos. 1 and 2 (hereinafter referred to as “information”) in the separate sheet No. 1 and 2 (hereinafter referred to as “instant information”).

C. Accordingly, on September 17, 2018, the Defendant notified the Plaintiff that no information listed in the separate sheet No. 1 does exist. ② As to each information listed in the separate sheet No. 1, each of the following reasons: (a) made a non-disclosure decision on the grounds that each of the information falls under Articles 9(1)6, 7, 11(3), and 21 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”).

(2) Article 9(1)6 and 7 of the Information Disclosure Act, including the grounds for non-disclosure of the relevant information, provides that each of the information listed in the separate sheet No. 1 is “the instant information” and that each of the information is “the instant disposition” (hereinafter “instant disposition”). Article 9(1)6 and 7 of the Information Disclosure Act

(a) Matters in the process of internal review of audits and inspections under Article 9(1)5 and 6 of the Information Disclosure Act: (a) the fact that there is no dispute over a third party’s request for non-disclosure of managerial secrets under Article 9(1)7 of the Information Disclosure Act by a third party’s request for non-disclosure of personal information under Articles 9(1)7, 11(3), and 21 of the Information Disclosure Act; and (b) the purport of the whole pleadings and arguments; (c) the entries in subparagraphs 1 through 4 (which include each number; hereinafter the same shall apply); and (d) the purport of the whole pleadings

2. The first instance court rendered a judgment dismissing the claim for revocation of the non-disclosure decision of the C preceding Research Industry Cooperation Bureau from June 2015 to February 21, 2016, among the first information of the instant lawsuit, on the grounds that there is no legal interest in seeking revocation of the non-disclosure decision.

Accordingly, the Plaintiff.