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(영문) 서울고등법원 2017.12.14. 선고 2017누75899 판결

정보공개거부처분취소

Cases

2017Nu75899 Revocation of Disposition Rejecting Information Disclosure

Plaintiff-Appellant

A

Defendant Appellant

Plame

The first instance judgment

Seoul Administrative Court Decision 2015Guhap6493 decided September 8, 2017

Conclusion of Pleadings

November 30, 2017

Imposition of Judgment

December 14, 2017

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1. Purport of claim

The defendant's refusal to disclose information on June 8, 2015 to the plaintiff is revoked.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

Reasons

1. Quotation of the first instance judgment

The reasoning for the court’s explanation on the instant case is the same as that of the judgment of the first instance, and therefore, it is accepted in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act (the grounds asserted by the defendant in the appeal of this court are not significantly different from that of the defendant’s assertion in the first instance court, and even if all the evidence presented in the first instance court are examined, the judgment of the first instance court rejecting the defendant’s assertion

2. Conclusion

Therefore, the plaintiff's claim is justified, and the judgment of the court of first instance is just and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

Judges

The presiding judge, judge and assistant judge;

Judges Park Jong-young

Judges Lee Jong-hwan

Attached Form

A person shall be appointed.