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(영문) 전주지방법원 2014.01.08 2013구합380
정보비공개결정취소
Text

1. The Defendant’s disposition rejecting the disclosure of information against the Plaintiff on January 24, 2013 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On January 17, 2013, the Plaintiff filed a request with the Defendant for disclosure of information, excluding personal information in the form of a copy and output, from January 1, 2012 to December 31, 2012, the notice of decision on disclosure and partial disclosure of all the claims received by the Gun Office of the former Military Prosecutors’ Office (hereinafter “instant notice”).

B. On January 24, 2013, the Defendant rendered a disposition rejecting the Plaintiff’s request for disclosure of information (hereinafter “instant disposition”) on the ground of Article 9(1)6 of the former Official Information Disclosure Act (amended by Act No. 11991, Aug. 6, 2013; hereinafter “former Information Disclosure Act”) on the grounds that the disclosure of information requested by the Plaintiff is likely to infringe on the Plaintiff’s privacy or freedom of personal life, on the grounds that it is most related to the name and resident registration number, other than the name and resident registration number.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Information held and managed by the Plaintiff’s alleged public institution is subject to disclosure unless it falls under information subject to non-disclosure under Article 9 of the former Information Disclosure Act. The Plaintiff requested disclosure of personal information, which is non-disclosure subject to non-disclosure. Even if information pertaining to the privacy of an individual is included in the instant information, the Defendant, pursuant to Article 14 of the former Information Disclosure Act, should disclose the remainder of the notice excluding the information pertaining to the privacy of an individual, but the disposition of refusing the Plaintiff’s disclosure of information

(b) The details of the relevant statutes are as shown in the attached statutes.

C. Determination 1 Whether the instant notice constitutes information subject to non-disclosure and information owned and managed by public institutions under the former Information Disclosure Act.

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