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(영문) 서울행정법원 2019.12.17 2018구합75764
정보공개거부처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On August 10, 2017, the Plaintiff filed a request with the Defendant for disclosure of information under the Act on the Disclosure of Information by Public Institutions concerning the list of the members of the National Assembly who traveled overseas with the budget of the competent agency after the enforcement of the Act on the Prohibition of Requests for Information Disclosure submitted by the National Anti-Corruption and Civil Rights Commission (hereinafter “instant information”).

B. On August 21, 2017, the Defendant issued a notification of the existence of information (hereinafter “instant disposition”) to the Plaintiff on the ground that the Secretariat of the National Assembly did not retain and manage the instant information.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings

2. A person who requests disclosure of information (hereinafter referred to as the "applicant") under Article 10 of the Official Information Disclosure Act of the relevant Acts and subordinate statutes may submit a written request for disclosure of information containing the following matters to a public institution that holds or manages the relevant information or make a verbal request for disclosure of information:

1. Name, resident registration number, address, and contact information (referring to a telephone number, e-mail address, etc.) of the applicant;

2. Details of the information requested to be disclosed and methods for disclosure;

3. According to the summary of the Plaintiff’s assertion, it is apparent that the Speaker of the National Assembly submitted the instant information from the Anti-Corruption and Civil Rights Commission, and it is evident that the National Assembly Secretariat holds and manages it as it was received by the Speaker as an official act

In addition, it is necessary to disclose the information of this case to the people's right to know.

Therefore, the instant disposition should be revoked in an unlawful manner.

4. Whether the lawsuit of this case is legitimate

(a) Information subject to disclosure is, in principle, specified by the description of the written request for disclosure of information prepared by the person who requests the disclosure in accordance with Article 10(1)2 of the Official Information Disclosure Act, and if the person who requests disclosure maintains and manages the information, as specified, the public institution.

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