정보공개거부처분취소
1. On June 2, 2016, the Defendant stated the “information subject to disclosure request” column in the separate sheet against the Plaintiff.
1. On May 17, 2016, the Plaintiff filed a request with the Defendant for the disclosure of each information listed in the “information subject to the disclosure request” column of the attached list (hereinafter “information of this case”; each item “information of this case”; and each item “whether or not the information is disclosed” “non-disclosure” and “non-disclosure information”; however, on June 2, 2016, the Defendant rendered a disposition rejecting the disclosure of information (hereinafter “instant disposition”) on grounds of Article 9(1)5, 6, and 7 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) with respect to each information described in Articles 9(1)2 and (3) of the same Act on the grounds that Article 9(1)5 and 7 of the same Act were related to each information of this case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) most of the instant information is the Act on Special Cases Concerning the Disclosure of Information by Education-Related Institutions (hereinafter “Educational Institution Information Disclosure Act”).
(2) The instant disposition, based on the Information Disclosure Act, which disclosed the said information, is unlawful, because it constitutes information subject to disclosure by higher education institutions under the Special Act, and is subject to prior application of the said Act, prior to the Information Disclosure Act pursuant to the principle of priority. (2) The instant disposition, which disclosed the said information, is not a subject of non-disclosure under the Information Disclosure Act, should
(b) The details of the relevant statutes are as shown in the attached statutes.
C. First of all, the Act on the Disclosure of Information by Educational Institutions and the Act on the Disclosure of Information by Educational Institutions is a Act specifically regulating the disclosure of information that education-related institutions prepare or acquire and manage in relation to school education, among information that is prepared or acquired in the course of performing their duties.