The judgment below

The part against the defendant is reversed, and that part of the case is remanded to the Seoul High Court.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. The right to know, in particular, the right to access information held and managed by a public institution is recognized in relation to the freedom of expression, which is a fundamental right under our Constitution, and the content of such right includes the right to request disclosure of information held and managed by any public institution.

Article 3 of the former Act on the Disclosure of Information by Public Institutions (amended by Act No. 11991, Aug. 6, 2013; hereinafter “Information Disclosure Act”) stipulates the principle of disclosure of information that information held and managed by public institutions should be disclosed in accordance with the provisions of this Act. Article 5(1) provides that all citizens shall have the right to request disclosure of information and specify the contents of the right to request disclosure of information and the procedures for its exercise, such as the application of this Act to ensure that the people’s rights to request disclosure can be respected under Article 6 and the relevant Acts and subordinate statutes should be amended.

Considering the meaning and nature of the general right to request information disclosure, the content and legislative purpose of the Information Disclosure Act, and the fact that the Information Disclosure Act does not impose any limitation on the purpose of using information or on the grounds for accessing information in relation to the exercise of the right to request information disclosure, the citizen’s claim for information disclosure should be widely permitted in principle unless it falls under the information subject to non-disclosure under Article 9 of the Information Disclosure Act, but in fact, the information disclosure system