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(영문) 서울고등법원 2017.04.26 2016누74134

정보공개거부처분취소

Text

1. Revocation of the first instance judgment.

2. Attached 1. A disposition rejecting the disclosure of information made by the Defendant against the Plaintiff on July 10, 2013.

Reasons

Details of the disposition

The reasoning of this Court concerning this part is that the judgment of the court of first instance No. 2.

In addition to the third line “instant disposition” to the “instant notice,” it is identical to the corresponding part of the judgment of the first instance, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

With respect to the Plaintiff’s claim for disclosure of the instant information claimed by the Plaintiff through an information and communications network in the form of an electronic file, the Defendant visited the Plaintiff at the Namyang-si Office B and received the instant information directly. The instant notification is in fact a rejection disposition against the Plaintiff’s claim for information disclosure, and there is no legal basis for the rejection disposition, and thus, the instant notification is unlawful.

Since the notification of this case by the defendant is about disclosing information according to the plaintiff's request for disclosure of information, there is no rejection disposition against the plaintiff's claim for disclosure of information.

Therefore, since the plaintiff's claim of this case is not subject to it, there is no interest in the lawsuit of this case.

Related Acts and subordinate statutes: Attached Table 2 "Related Acts and subordinate statutes".

Article 10(1)2 of the former Act on the Disclosure of Information by Public Institutions (amended by Act No. 11991, Aug. 6, 2013; hereinafter “Information Disclosure Act”) provides that an applicant may file a claim by submitting a written request for information disclosure stating “the content and method of disclosure of the information requesting disclosure”, and Article 14(1)4 of the Enforcement Decree of the Information Disclosure Act (amended by Presidential Decree No. 24837, Nov. 13, 2013; hereinafter “Enforcement Decree”) regarding “information retained and managed in an electronic format” as one of the methods of information disclosure and “information retained and managed in an electronic format.”