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(영문) 서울고등법원 2015.02.03 2014누61509
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. Details of the disposition;

A. Around December 19, 2013, the Plaintiff filed a claim with the Defendant for the disclosure of information on the “written notice of decision on the application for disclosure and partial disclosure (excluding personal information) among all applications for disclosure of information received to the Defendant from January 1, 2013 to the present day.”

(hereinafter referred to as “instant information”). B

On December 30, 2013, the Defendant rendered a non-disclosure decision pursuant to Article 9(1)6 of the Official Information Disclosure Act (hereinafter “Information Disclosure Act”) on the ground that the instant information contains personal information and disclosure of such information would infringe on the privacy or freedom of other persons if disclosed.

hereinafter referred to as "disposition of this case"

(i) [Facts without dispute over the grounds for recognition, entry of Gap evidence No. 1, and purport of the whole pleadings.]

2. Determination on this safety defense

A. The Plaintiff’s assertion is filing a lawsuit seeking the disclosure of information with multiple public agencies from around 2007 to January 201, 2014 and filing a lawsuit seeking the revocation of rejection disposition, which is 11.8% of the total number of lawsuits claiming the disclosure of information during the same period. As such, the purpose of the Plaintiff’s lawsuit seeking the disclosure of information is to obtain litigation costs, attorney’s fees, avoid labor, and to attract employees of the relevant administrative agency after winning multiple lawsuits for the disclosure of information more than the necessity of the pertinent information. Thus, the Plaintiff’s lawsuit in this case constitutes an abuse of right and thus is unlawful

B. In light of the determination, the right to know, in particular, the right to access to national information is recognized in relation to the freedom of expression, which is a fundamental right under our Constitution, and the content of such right includes the so-called general right to request the disclosure of information held and managed by the general public (see Supreme Court Decision 97Nu5114, Sept. 21, 199). The general right to information disclosure recognized under the Constitution is a law that embodys the right to request information disclosure.

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