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(영문) 서울고등법원 2015.07.10 2015누35958
기타(정보공개거부처분 취소)
Text

The judgment of the first instance shall be revoked.

The plaintiff's lawsuit is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. The summary of the case and the facts premised on the case

A. The summary of the instant case pertains to the Plaintiff’s claim for disclosure of a notice of decision (excluding personal information) on all claims for disclosure of information received by the Defendant from January 1, 2012 to December 31, 2012 by the Defendant, and the Defendant’s claim for revocation of the Plaintiff’s refusal of disclosure on the grounds that only a part of the claims is disclosed and the remainder constitutes non-disclosure stipulated in the former Official Information Disclosure Act (amended by Act No. 11991, Aug. 6, 2013; hereinafter “Information Disclosure Act”); and the Plaintiff’s claim for revocation of the Plaintiff’s refusal of disclosure on the pertinent information while the part is not the actual subject of non-disclosure.

The first instance court accepted the Plaintiff’s claim on the ground that the information the Plaintiff requested for disclosure does not constitute information subject to non-disclosure under the Information Disclosure Act. Accordingly, the Defendant appealed and asserted that the Defendant’s claim for disclosure of information constitutes an abuse of right and thus the Defendant’s disposition of refusing the request was lawful, but the previous trial dismissed the Defendant’s appeal

On the ground that the plaintiff's claim for information disclosure constitutes an abuse of rights, the Supreme Court reversed the judgment of the party before remanding the case and remanded the case to this court.

[Attachment of the relevant Acts and subordinate statutes]

B. On December 16, 2011, the premise 【Evidence 1” and the purport of the entire pleadings, the Plaintiff was convicted of having imported phiphonephones even if the Plaintiff was not a person handling narcotics, and appealed against it (three years and six months of imprisonment, Seoul Central District Court 201Gohap482), but the appeal was dismissed on March 30, 2012 and the judgment of the first instance became final and conclusive, and was discharged from the Daejeon Prison on November 1, 2014.

The plaintiff's request for information disclosure of this case and the defendant's refusal disposition.

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