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(영문) 서울고등법원 2015.04.23 2014누57876
정보공개거부처분취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasons why this court should explain concerning this part of the reasons for the decision of the court of first instance are as stated in the relevant part of the grounds for the decision of the court of first instance, from 3 to 11, and from 1. "The reasons for the disposition" as stated in Article 8(2) of the Administrative Litigation Act, and Article 420 of the Civil Procedure Act.

2. Determination on this safety defense

A. The gist of the Defendant’s main defense is that the Plaintiff filed a lawsuit seeking revocation of information disclosure throughout the country from 2007 to January 21, 2014, and the Plaintiff did not receive disclosed information even in winning the lawsuit, and appears to have filed a lawsuit for multiple requests for information disclosure for the purpose of claiming litigation costs. The Plaintiff’s filing of the instant lawsuit constitutes an abuse of the right of lawsuit, and thus, constitutes an abuse of the right of lawsuit, in full view of the following: (a) the Plaintiff’s filing of the instant lawsuit constitutes an abuse of the right of lawsuit, based on the fact that the Plaintiff voluntarily appeared in the court throughout the country due to the filing of a

B. In full view of each of the statements in the evidence Nos. 1 through 7 of the judgment Nos. 7 (including the number of branch numbers) and the purport of the entire pleadings, the fact that the plaintiff filed a lawsuit claiming multiple information disclosure during a short period of time after being convicted of imprisonment with prison labor and receiving a final judgment of conviction is recognized.

However, rather than filing the same lawsuit as to the rejection disposition against the same claim for information disclosure, whether the plaintiff abused the right of action on the ground that the plaintiff filed a lawsuit seeking the revocation on the grounds that the public agency was rejected, should be determined by each individual lawsuit.

However, all citizens have the right to request the disclosure of information and the information held and managed by the public institutions shall be disclosed in accordance with the Information Disclosure Act, and there is no special limitation on the purpose and frequency of the request.

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