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(영문) 서울행정법원 2014.07.24 2013구합30520
정보공개거부처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On September 6, 2013, the Plaintiff filed a claim with the Defendant for the disclosure of information on the case against the Seoul Southern District Prosecutors’ Office among the administrative litigations filed against the citizens from January 1, 2010 to the public prosecutor’s office of Seoul Southern District Prosecutors’ Office (hereinafter “instant judgment”). (The Plaintiff included the original judgment of civil procedure, and the Plaintiff did not have the standing to be a party to the civil lawsuit, following the Defendant’s reply that no judgment was rendered. (B) On September 16, 2013, the Defendant rendered a non-disclosure decision on the ground that the judgment against the administrative litigation was the information subject to non-disclosure under Article 9(1)3, 4, and 7 of the former Official Information Disclosure Act (amended by Act No. 11991, Aug. 6, 2013; hereinafter “Information Disclosure Act”).

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, entry of Gap evidence Nos. 1 and 2, and purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The defendant's assertion that the plaintiff's filing of the lawsuit in this case should be dismissed as abuse of right of action.

B. The right to know the citizen’s right to know, in particular, the right to access national information is recognized in relation to the freedom of expression, which is a fundamental right under the Constitution of Korea, and the content of such right includes the so-called general right to request disclosure of information held and managed by the general public against the State (see Supreme Court Decision 97Nu5114, Sept. 21, 199). The Act in which the general right to information disclosure recognized under the Constitution is embodied is the Information Disclosure Act

In addition, since the right to request information disclosure by the people based on the Information Disclosure Act is specific rights protected by law, the claimant has filed a request for information disclosure with the public institution and has received the rejection disposition itself.

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