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(영문) 대전고등법원 2017.11.09 2017누11785
정보공개거부처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. On July 10, 2016, the Plaintiff requested the Defendant to disclose each information listed in the separate sheet No. 2 (hereinafter “instant information”).

B. On July 21, 2016, the Defendant made a disposition rejecting information disclosure (hereinafter “instant refusal disposition”) to the effect that the Plaintiff disclosed the “public notice to know about the holding of the meeting” among the instant information, and to the remainder, a third party related to the information makes a non-disclosure request (hereinafter “instant refusal disposition”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. The Defendant of this safety defense delegated authority to the Director of the National Agricultural Products Quality Management Service on the operation of the geographical indication subcommittee, such as holding of the geographical indication subcommittee, deliberation, and notification of the results thereof, and accordingly, the National Agricultural Products Quality Management Service performs the duties

Therefore, the instant case is unlawful, since the instant information is owned and managed by the National Agricultural Products Quality Management Service and the Defendant does not possess and manage it.

B. Attached Form 3 of the relevant laws and regulations are as follows.

C. Since the information disclosure system is a system that discloses information held and managed by a public institution, it should prove that there is a considerable probability that an applicant for information disclosure will possess and manage the information that is sought for disclosure, and where a public institution fails to hold and manage such information, there is no legal interest to seek revocation of a disposition rejecting information disclosure, barring special circumstances

(See Supreme Court Decision 2003Du9459 Decided January 13, 2006). Each of the items in Evidence Nos. 2 and 6, and Evidence Nos. 1, as to the instant case, is acknowledged by adding the whole purport of the pleadings to the following circumstances. In other words, the instant information for which the Plaintiff requested disclosure to the Defendant is related to the “Meetings of the subcommittee for deliberation on the registration of geographical indications on January 29, 2016.”

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