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(영문) 서울행정법원 2018.06.22 2018구합333
정보공개거부처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is the complainant of the case No. 2014-No. 13172 (suspect B and perjury) at the Seoul Eastern District Prosecutors’ Office.

On May 29, 2014, the prosecutor issued a non-prosecution disposition on the charge of the above case.

Therefore, although the plaintiff filed an appeal and filed an application for adjudication, all of them were dismissed.

B. On May 9, 2017, the Plaintiff filed a claim with the Defendant for disclosure of information regarding the “Satop Games” (hereinafter “instant CD”) in the records of the instant case.

C. On June 14, 2017, the Defendant notified the Plaintiff that “The subject information is subject to non-disclosure falling under Article 9(1)6 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) (where disclosed, information pertaining to an individual is likely to infringe on the privacy or freedom of private life) and the Defendant submitted a written request for non-disclosure, and thus, is determined as non-disclosure.”

(hereinafter “Disposition in this case”). 【No dispute exists, entry of Gap 1 and 2 evidence, the purport of the whole pleadings

2. 관계 법령 ▣ 공공기관의 정보공개에 관한 법률 제9조(비공개 대상 정보) ① 공공기관이 보유ㆍ관리하는 정보는 공개 대상이 된다.

Provided, That the following information may not be disclosed:

6. Personal information, such as names, resident registration numbers, etc. included in the relevant information, which, if disclosed, is deemed likely to infringe on the privacy or freedom of individuals: Provided, That the following personal information shall be excluded:

Information that may be perused pursuant to statutes;

(b) Information prepared or acquired by a public institution for the purpose of publication, which does not unfairly infringe on the privacy or freedom of privacy;

(c)to disclose information prepared or acquired by public entities to the public interest or for the relief of rights of individuals;

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