정보비공개결정 처분취소
1. The Defendant’s official B of the Jung-gu Incheon Metropolitan City Office from January 1, 2012 to March 27, 2018 against the Plaintiff on April 24, 2018.
1. Details of the disposition;
A. On March 28, 2018, the Plaintiff filed a request for the disclosure of information with respect to each of the official business trips B, C, and D in Jung-gu Incheon Metropolitan City Office from January 1, 2012 to March 27, 2018 (hereinafter “each of the instant information”).
(hereinafter “each of the instant requests for disclosure of information”). (b)
On April 24, 2018, the Defendant rendered a non-disclosure decision on the ground that “The case of this claim does not conform to the purpose of the Information Disclosure Act, and thus, is non-disclosure.”
(hereinafter “each disposition of this case”). 【No dispute exists, entry of Gap’s evidence Nos. 1 through 4, and the purport of the whole pleadings
2. Whether each of the dispositions of this case is legitimate
A. The Plaintiff’s assertion did not specify whether the instant disposition constitutes a ground under any of the subparagraphs of Article 9(1) proviso of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) and was unlawful as it violates the purport of the Information Disclosure Act with a view to guaranteeing citizens’ right to know and ensuring citizens’ participation in state affairs and transparency in state administration.
B. Article 13(4) of the Information Disclosure Act provides that when a public institution decides to disclose information, it shall notify the applicant of the fact by specifying the reasons for non-disclosure in detail.
In addition, Articles 1, 3, and 6 of the Information Disclosure Act provide that all citizens shall disclose information held and managed by public institutions in principle in order to guarantee the people's right to know and to ensure the people's participation in state affairs and transparency in state administration.
Therefore, a public institution requested to disclose information held and managed by the people must disclose it unless it falls under the grounds for non-disclosure as provided in each subparagraph of Article 9(1) of the Information Disclosure Act, and even if it refuses it, the information is subject to disclosure.