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(영문) 서울고등법원(춘천) 2019.10.30 2019누854
정보공개거부처분취소
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..

Reasons

1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and the court of first instance's findings and determination are justifiable in light of the evidence duly adopted and examined by the court of

Therefore, the reasoning of the judgment of this court is as follows, except for adding and amending some of the contents and adding additional judgments such as Paragraph 2, and therefore, it is identical to the reasoning of the judgment of the court of first instance. Thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

The following details shall be added between the 10th and 4th in the first instance judgment:

Except as otherwise provided for in other Acts, the following details shall be added to the information held and managed by public institutions under Article 3 (Principle of Disclosure of Information). Article 4 (Scope of Application) (1) Except as otherwise provided for in this Act, disclosure of information shall be governed by the provisions of this Act:

No administrative litigation over the discharge, expulsion, or temporary retirement from office, or any other unfavorable measure against a person's will shall be lodged without undergoing an examination and decision by the appeals review committee or the appeals review committee under Article 60-2. The composition and operation of the disciplinary committee or the appeals review committee, disciplinary procedures, procedures for imposing disciplinary surcharges, appeal procedures, and other matters necessary for the enforcement of disciplinary measures, etc. shall be prescribed by Presidential Decree. The disciplinary Decree of the first instance judgment (amended by Presidential Decree No. 30022, Aug. 6, 2019) shall be amended by the former Decree on Disciplinary Measures against Military Personnel (amended by Presidential Decree No. 30022, Aug. 6, 2019). The term "the Decree on Disciplinary Measures against Military Personnel" in the first instance judgment shall be amended by the former Ordinance on Disciplinary Measures against Military Personnel (amended by Presidential Decree No. 30022, Aug. 6, 2019).

Part 11 of the judgment of the first instance is about 10.

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