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(영문) 대전고등법원 2017.11.09 2017누11792
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 28, 2016, the Plaintiff filed a claim with the Defendant for disclosure of each information listed in the separate sheet No. 2 (hereinafter “instant information”).

B. On August 10, 2016, the Defendant issued a disposition rejecting the disclosure of information to the Plaintiff to disclose the list of participants among the instant information, and to the effect that the third party related to the instant information requests non-disclosure (hereinafter “instant 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). The following circumstances are as follows, which are acknowledged by adding the whole purport of the pleadings to the items in Evidence Nos. 2, 6, and 7 as to this case’s health class, Evidence Nos. 2, 6, and 7, and Evidence No. 1, and the information of this case for which the Plaintiff requested disclosure to the Defendant, i.e., the meeting of the subcommittee for deliberation on the registration of geographical indications on January 16, 2015,

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