정보공개청구비공개취소
1. Of the instant lawsuit, the part demanding the disclosure of information listed in the separate sheet No. 1 shall be dismissed.
2. The Defendant on March 15, 2017.
1. Details of the disposition;
A. On March 2, 2017, the Plaintiff filed a claim against the Defendant for disclosure of the information listed in the separate sheet No. 1 (hereinafter “instant information”). However, on March 15, 2017, the Defendant rendered a decision to disclose the instant information on the ground that the instant information falls under Article 9(1)5 through 7 of the Information Disclosure Act (hereinafter “Information Disclosure Act”).
C. The Plaintiff filed an objection against the Defendant. However, on April 3, 2017, the Defendant dismissed the said objection on the ground that “if the instant information is disclosed, the pertinent contracting company may harm legitimate interests in operating the customer support center, and may cause business disruptions, thereby constituting a non-disclosure information under Article 9(1)7 of the Information Disclosure Act.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. We examine ex officio the part seeking the disclosure of the instant information among the instant lawsuits, as to whether it is legitimate.
In addition to the form of litigation prescribed in Articles 3 and 4 of the Administrative Litigation Act, a lawsuit seeking confirmation of the existence of an obligation or obligation in the form of ordering an administrative agency to perform the duty of commission is not recognized under the current Administrative Litigation Act (see, e.g., Supreme Court Decision 97Nu3200, Sept. 30, 1997). Of the lawsuit of this case, the part against the defendant seeking disclosure of the information of this case against the defendant constitutes a lawsuit seeking performance of obligation in the form of ordering the defendant to perform the duty of commission and thus, it is not allowed under the Administrative Litigation
Therefore, the part of the instant lawsuit seeking disclosure of the instant information is unlawful.
3. Whether the instant disposition is lawful
A. 1 Plaintiff’s assertion by the parties concerned (1) The instant information pertains to an individual and is disclosed to the public.