정보공개거부처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On December 24, 2013, the Plaintiff filed a request with the Defendant for disclosure of each B (hereinafter “the instant information”) of the minutes of the National Cemetery Draft Deliberation Committee (hereinafter “each of the instant minutes”) from July 8, 201, and July 29, 201, and the Defendant rejected disclosure pursuant to Article 9(1)5 and 6 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”), Article 5 [Attachment 2] of the Operation Guidelines for Information Disclosure of the Ministry of Patriots and Veterans Affairs (hereinafter “Information Disclosure Guidelines”), among the corresponding parts of Article 9(1)5 of the Act on December 27, 2013.
(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, entry of Gap evidence Nos. 1 and 2, and purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion (i.e., disposition information disclosure guidelines based on administrative rules are merely administrative rules and thus cannot serve as a basis for restricting the disclosure of information. Thus, the instant disposition based on this is unlawful.
The instant information does not constitute the information subject to non-disclosure, which does not include the contents that would hinder the members’ fair performance of their duties, and the necessity of guaranteeing citizens’ right to know is greater than the interests protected by non-disclosure, and even if the instant information pertaining to public matters is disclosed, it is not likely to impair the honor, etc. of the persons concerned. Thus, the instant information does not constitute the subject of non-disclosure as prescribed in Article 9(1)5 and 6
(b) The details of the relevant statutes are as shown in the attached statutes.
다. 판단 ⑴ 이 사건 처분이 법률의 근거 없는 행정규칙에 근거한 것이어서 위법하다는 주장에 대하여 ㈎ 갑 제2호증의 기재에 의하면, 피고는 이 사건 처분을 하면서 그 처분사유로 정보공개법 제9조 제1항 제5호, 제6호를 분명히 특정하는 한편, 정보공개지침...