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(영문) 서울고등법원 2017.09.15 2017누49616

정보공개거부처분취소

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1. The plaintiff's appeal against the defendants is dismissed in entirety.

2.Any disposition of non-disclosure of information added in the trial.

Reasons

1. Basic facts

A. On June 3, 2015, the Defendants publicly announced that the architect qualifying examination (hereinafter “instant examination”) was implemented on September 5, 2015, and the Plaintiff applied for the instant examination on September 5, 2015.

B. On November 6, 2015, the Plaintiff requested the Minister of Land, Infrastructure and Transport (hereinafter “the Minister of Land, Infrastructure and Transport”) to disclose information on the Plaintiff’s response and evaluation standards (hereinafter “instant information”) pursuant to the Official Information Disclosure Act (hereinafter “Information Disclosure Act”). However, on November 16, 2015, the Defendant Minister rendered a non-disclosure decision regarding the Plaintiff’s request for information disclosure (hereinafter “instant disposition”). The Plaintiff received the non-disclosure decision from the Plaintiff.

C. On November 9, 2015, the Plaintiff visited the Korea Licensed Architects Association on the date of the instant examination to make the employee disclose the Plaintiff’s sexual originals during the instant examination, but the employee of the Korea Licensed Architects Association rejected the request.

On November 11, 2015, the Plaintiff received a written objection from the Korea Certified Architects Association (hereinafter “instant objection”). On December 11, 2015, the Chairperson of the Korea Certified Architects Association (hereinafter “Defendant Chairperson”) received a reply from the Plaintiff to the effect that “The Plaintiff’s response sheet and electronic data processing results are not higher than the result of the response sheet and electronic data processing, and the response sheet and grading criteria are not disclosed in accordance with the Information Disclosure Act and the notice of the proposed examination result.” The Plaintiff received the aforementioned response from the Plaintiff.

On March 29, 2016, the Plaintiff issued the instant examination against the Defendants, as Seoul East Eastern District Court 2016Gahap804, “Defendant” on September 5, 2015.