정보공개거부처분취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
From January 2, 2004 to April 19, 2017, the Plaintiff served as an illegal stop supervisor from the Defendant Motor Vehicle Management Division.
As shown in the attached list 1, the Plaintiff filed a request for each information disclosure with the Defendant from January 31, 2017 to March 31, 2017 (hereinafter “each of the instant requests for information disclosure”), and the Defendant rendered each decision to disclose or disclose a part of the information to the Plaintiff (hereinafter “each of the instant dispositions”).
[Reasons for Recognition] The Plaintiff’s assertion of the following facts: Gap’s evidence Nos. 1 through 30, Eul’s evidence Nos. 4, and the purport of the entire pleadings as to the legitimacy of the disposition of this case. Each of the dispositions of this case refusing to disclose information violates the legislative intent of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) for the purpose of ensuring the citizens’ participation in state affairs and transparency in state administration. Thus, each disposition of this case was unlawful.
Judgment
The right to know, in particular, the right to access information held and managed by public institutions, is recognized in relation to the freedom of expression, which is a fundamental right under the Constitution of the Republic of Korea, and the content of such right includes the right to request disclosure of information held and managed by public institutions.
The Information Disclosure Act, enacted for the purpose of guaranteeing the people's right to know and securing the people's participation in state affairs and transparency in the management of state affairs, provides for the principle of Information Disclosure that information held and managed by public institutions should be disclosed in accordance with the provisions of this Act. Article 5 (1) provides that all citizens shall have the right to request information disclosure, and Article 6 provides for the implementation of this Act and the relevant Acts and subordinate statutes so that the people's right to request information disclosure can be respected